ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                Criminal Misc. Appln. No.72 of 2010.                             

DATE         ORDER WITH SIGNATURE OF JUDGE

                                     FOR KATCHA PESHI.

15-03-2010.

Mr. S.M Abbasi, Advocate for applicant.

Complainant Mst. Erum is present in person.

Mr. Shahid Ahmed Shaikh, A.P.G Sindh along with ASI (I.T) Altaf Hussain, PS City.

                                                                        =

                        By this criminal miscellaneous application, the applicant has challenged the summary order dated 03-12-2009, passed by Civil Judge & Judicial Magistrate-IV, Hyderabad in crime No. 184/2009, whereby he shown his disagreement to the opinion of the I.O whereby he suggested to cancel the FIR in “B” Class and acquit the accused. The summary order passed by Magistrate is just, proper and it is not appropriate to upset the findings at this stage. The learned A.P.G Sindh has supported the impugned order, however, the learned counsel for applicant has stated that he will be satisfied, if he will be allowed an opportunity to file application under section 249-A Cr.P.C in the trial Court, which may be decided by the trial Court within a period of one month.

                        The criminal miscellaneous application is disposed in the following terms:-

1. The summary order will remain intact.

2. The applicant shall move an application under section 249-A Cr.P.C, which will be decided by the learned trial Court within a period of one month according to law.

            The criminal miscellaneous application is disposed of accordingly.

                                                                                                                        JUDGE.

A.C