THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc. Application No.S-77 of 2022

Applicant:            Ayaz Hussain Chano through Mr. Nisar Ahmed G. Abro, Advocate

The State:            Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  07.11.2022

Date of Order:     07.11.2022

O R D E R

AMJAD ALI SAHITO, J.- Through this Criminal Miscellaneous Application, applicant has impugned the Order dated 16.02.2022, passed by learned Additional Sessions Judge-III/Ex-Officio Justice of Peace, Larkana.

2.      Facts in a nutshell are that there was a dispute over some money between the parties; resultantly harsh words and threats of dire consequences were exchanged. Hence this application.

3.      Per learned counsel, the cognizable offence has been committed by the proposed accused persons as due to their attack there was great likelihood of any incident. He further submits that it is settled principle of law that no offence goes unchecked.  He further added that the learned trial Court has not passed a speaking order by not issuing directions to the concerned S.H.O. therefore, instant Criminal Miscellaneous Application may be allowed by setting aside the impugned order. As such he prayed that the S.H.O concerned may be directed to record the statement of the applicant if cognizable offence is made out then he should lodge F.I.R.

4.      On the other hand, learned Deputy Prosecutor General has opposed the instant Criminal Miscellaneous Application by stating that the order passed by the learned trial Court is well reasoned.

5.      Heard and perused.  Perusal of report of the S.H.O reveals that no such incident had taken place, actually there was some issues over transaction of money and seemingly there appears no incriminating material against the proposed accused persons to take cognizance of the matter, therefore, learned Trial Court has rightly passed the impugned order.  Further, learned counsel has miserably failed to point out any illegality or irregularity in the impugned order.  Accordingly, instant Criminal Miscellaneous Application is dismissed having no cogent reasons.

                                J U D G E

Manzoor