ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. Misc. Application No. S- 132     of 2014

DATE	ORDER WITH SIGNATURE OF JUDGE

For Hearing of Case

14.05.2018

Mr. Altaf Hussain Surahio, Advocate for the applicant.

Mr. Sharafuddin Kanher, APG for the State.

                                    -----------

            Applicant/complainant Ghulam Ali Panhwar has filed instant Criminal Miscellaneous Application and impugned the order dated 15.05.2014, passed by learned Civil Judge & Judicial Magistrate-IV, Larkana, whereby summary report submitted by the Investigating Officer under “C” class, was approved.

            Relevant facts spelt out from the instant Crl. Misc. Application are that applicant/complainant lodged F.I.R No. 44 of 2014, on 22.04.2014 at Police Station Waleed, Larkana, alleging therein that he is clerk in Population Office.  On the day of incident i.e. 22.04.2014 he along with chowkidar Moula Bux, Abro, Peon Abdul Wahab Mugheri, Driver Rajib Ali, Store Keeper Abdul Waheed Chandio and other employees of the office were present when at about 09.45 a.m. accused persons namely, Rasool Bux Abbasi, Muhammad Nawaz Memon, Muhammad Shareef, Israr, Aijaz Mirani and two unidentified persons entered in their office. It is alleged in the F.I.R that accused Muhammad Sharif abused and torn the penaflex  banner of Muhammad Peeral Dayo and affixed their banner. Upon resistance of complainant accused Muhammad Sharif took out pistol and issued threats of dire consequence and caused damage to the office material. It is alleged that due to scuffle, complainant and P.W Mumtaz Ali sustained injuries so also accused Muhammad Sharif. The matter was reported to 15 therefore, large number of police personnel came there. Resultantly, accused decamped. Hence this application.

            Learned counsel for the applicant contended that  the impugned order passed by the learned Judicial Magistrate is contrary to the facts and circumstances of the case as well as law settled by the superior Courts; that learned Magistrate has passed the impugned order in slip shod manner therefore, the same is not speaking one; that the complainant has recorded further statement but the same has not been considered by the learned Magistrate; that the impugned order may be set aside and Investigating Officer may be directed to submit challan in accordance with law.

            While controverting  above submissions, learned Asstt: Prosecutor General supported the impugned order.

I have heard the learned counsel for the applicant as well as learned APG and examined the material available on record.

            Admittedly, there seems that the parties are on inimical terms due to their departmental intrigue. The Investigating Officer during the course of investigation has recorded statements of witnesses who have not supported the case of prosecution. As far as the contention of learned counsel for the applicant regarding further statement of the complainant that has got no evidentiary value in the eyes of law. The complainant has not brought on record any medical certificate showing any injuries sustained by him or the P.Ws to substantiate the allegations of maltreatment. Specific question was asked from the learned counsel that whether the applicant does not have the remedy and his grievance could not be redressed by way of filing direct complaint. No plausible explanation was furnished by the learned counsel for the applicant in this behalf. In my view, since an efficacious remedy by filing direct complaint is available to the applicant filing of the criminal miscellaneous application at this stage appears to be premature and misconceived. The instant criminal miscellaneous application is thus found to be devoid of merits and is hereby dismissed. The applicant could however be at liberty to file a direct complaint, if so advised.

                                                                                                            Judge

Abid H. Qazi/**