ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Misc. Application No.374
of 2023
(Moulvi
Nazeer Ahmed vs. The State)
Date Order with signature of Judges
1.
For orders on M.A. No.6813/2023 (U/A)
2.
For orders on office objection a/w reply as at flag “A”
3.
For orders on M. A. No.6814/2023 (Exp/A)
4.
For hearing of main case
13.06.2023
Syed Khurram Kamal, advocate
for applicant
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The
applicant by making the instant criminal miscellaneous application under
section 561-A, Cr.PC has impugned order dated 09.05.2023, whereby report of the
police for disposal of FIR Crime No.41/2023 under sections 147, 148, 149, 452,
436, 382 and 295, PPC of P.S. Gadap under “C” Class
was accepted by learned XII Judicial Magistrate, Malir Karachi.
It
is contended by learned counsel for the applicant that learned trial Magistrate
has passed the impugned order in slipshod manner without applying the judicial
mind therefore it is to be examined by this Court.
Heard
arguments and perused record.
The
FIR of the incident has been lodged with unexplained delay of about one day. The
161 Cr.PC statements of the PWs have been recorded with further delay of one
day even to FIR; such delay could not be overlooked. As per police report the
applicant has not been able to produce the documents which may prove his
ownership over the subject Maddressah. In these
circumstances, learned trial Magistrate was right to accept the report of the
police for disposal of the subject FIR under “C” Class by way of impugned
order, which is not found illegal to be interfered with by this Court.
In
view of above, the instant criminal miscellaneous application is dismissed in limine together with the listed application(s), directing the
applicant to have a recourse u/s 200, Cr.PC, if so is advised to him.
J
U D G E