ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Misc. Appln. No.S-198   of   2014

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

08.12.2014.

1. For orders on office objection.

2. For Katcha Peshi.

Mr. Nisar Ahmed G. Abro, advocate for the applicant.

Mr. Bashir Ahmed Dargahi, advocate for respondents No.3 to 5.

Mr. Imtiaz Ali Jalbani, Assistant Prosecutor General.

                             -------------------

ABDUL MAALIK GADDI, J.- Through this criminal miscellaneous application, the applicant has assailed the legality and propriety of the order dated 11.7.2014 passed by the learned Civil Judge & Judicial Magistrate-II, Larkana, in Summary No.10/2014, crime No.171/2013 of Police Station Market, Larkana, registered under Sections 506/2 and 504, PPC, whereby he while agreeing with report of I.O has approved the report under Section 173, Cr.P.C filed by respondent No.2 and has ordered for disposal of the case under cancelled “C” class. 

          2.       The facts of the case are that on 13.11.2013, at about 6.00 p.m., complainant Javed Ahmed Mangi alongwith his labour were available in his office, when accused Akbar Shaikh alongwith his accomplices namely Khalid Iqbal son of Ghulam Nabi Shaikh, resident of Shahi Bazar, Larkana, 2. Abdul Wahab son of Haji Allah Warayo Shaikh, r/o Shahi Bazar, Larkana, alongwith two unknown accused came in their office and took out pistols from their shalwar folds and pointing the same straight at them and abusing said them to vacate their office within 15 days, otherwise they will not be spared and will be killed and it will be better for them to vacate and don’t complaint against them else they will face dire consequences and then all the accused escape the scene while abusing.  Then the complainant alongwith his labours approached the PS for registration of F.I.R but the SHO concerned was reluctant to register the same on the pretext that he is busy in Muharam ul Haram duties.  However, the complainant sought directions from concerned Sessions Judge and then registered the F.I.R to the above effect.

          3.       It is contended by the learned Counsel for the applicant that the impugned order passed by the learned Magistrate is against the law and facts, as according to him the applicant in his F.I.R. has furnished all details of the incident and the case of the complainant was found supported by the prosecution witnesses, but the I.O of the case did not consider all these facts and passed the impugned order in a hot hasty manner without assigning any good reason, therefore, the same is liable to be set aside and the accused persons named in the F.I.R are to be challaned.

          4.       Mr. Bashir Ahmed Dargahi, advocate for respondents No.3 to 5, has supported the impugned order by arguing that in fact no incident has taken place as alleged in the F.I.R. and there is a longstanding enmity in between the complainant and respondents No.3 to 5, which is evident from the order passed by the learned Magistrate.  He further submits that the allegation as leveled in the F.I.R. does not appeal to prudent mind that the private respondents went to the office of the complainant party and allegedly issued threats.  In such circumstances, he has prayed for dismissal of this criminal miscellaneous application.

          5.       Learned Assistant Prosecutor General has also supported the impugned order by arguing that the I.O. of the case after due investigation and adopting all legal formalities has submitted report under Section 173, Cr.P.C recommending to dispose of the F.I.R. in cancelled “C” class.

          6.       I have given my anxious thought to the contentions raised at the bar and have gone through the impugned order as well as material so placed before me.

          7.       From the perusal of record it appears that accused had already filed rent application No.04/2005 in the Court of IV-Senior Civil Judge, Larkana against the complainant, which was allowed.  Thereafter, complainant also filed F. C. Suit No.116/2006 in the Court of III-Senior Civil Judge, Larkana against the accused, but the said suit was dismissed.  All these facts indicates that the parties are already under litigation in respect of some residential property, therefore, under these circumstances false implication of the accused in this case cannot be ruled out.  I have also perused the report submitted by I.O of the case and come to this conclusion that the learned Magistrate has rightly passed the impugned order after going through the material collected by the I.O.  Learned Assistant Prosecutor General has also supported the impugned order and was of the view that the learned Magistrate while passing the impugned order has considered all aspects of the case.

          8.       In view of the above facts and circumstances of the case, no perversity, illegality and incorrectness have been found in the impugned order.  Learned Magistrate while passing the impugned order has appreciated all the points involved in this case.  No illegality has been pointed out.  I, therefore, under the facts and circumstances of the case find no merit in this criminal miscellaneous application, which is dismissed.

          9.       Above are the reasons of my short order passed on 08.12.2014.

                                                                                                JUDGE

Qazi Tahir/*