ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Cr. Misc. Appln. No. S-08 of 2025
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Date |
Orders with signature of Judge |
For non-prosecution
23-04-2025
Mr. Idrees Ahmed Mangi, advocate for the applicant
Mr. Aitbar Ali Bullo, D.P.G for the State
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None present for the respondents, no intimation is received, though notices were issued. So for the office objection is concerned, learned counsel for the applicant submits that he has complied the same on 18.04.2025.
Through this criminal misc. application, the applicant has impugned the order dated 09.01.2025, passed by I-Additional Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, wherein respondent No.4 Zulfiqar Ali filed application U/S 22-A & B Cr.P.C against Inspector Abdul Waheed Mangi and other police officials on the ground that they entered into his house miserably beaten him and took away cash of Rs.50,000/.
Per learned counsel, infact they are highly criminal persons and involved in many cases. In support of his contention, he has produced copy of the criminal record, which is available at page No.19. He submits that no incident has been taken place, even then learned Additional Sessions Judge passed the order for registration of F.I.R against the police officials.
Notices were issued to respondents but respondent No.4 is called absent, no intimation is received.
Learned D.P.G. also supported the arguments advanced by the learned counsel for the applicant and states that respondent No.2 and others are very much involved in criminal cases.
Heard, perused.
From face of order, it appears that no tangible evidence was brought on record, no audio/video or any other thing is available to believe that accused persons entered in the house of the respondent No.4 and committed robbery in his house but infact there is criminal history against respondent No.4 and his family members. As such in order to create pressure upon the police officials, the applicant filed the instant application. Every person has right to get justice but he should come with clean hands. Respondent No.4 did not approach before the Ex-Officio Justice of Peace with clean hands.
Resultantly, instant criminal misc. application is allowed. Impugned order dated 09.01.2025 is set-aside. However, respondent No.4 is at liberty to file direct complaint before competent court of law having jurisdiction, if so advised.
Instant criminal misc. application stands disposed of.
Judge
Abdul Salam/P.A