ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-69 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

01. For orders on M.A.No.1482/2020 (U/A)

02. For orders on office objection “A”.

03. For orders on  M.A.No.1483/2020 (E/A)

04. For orders on M.A.No.1484/2020 (561-A)

05. For hearing of main case.

06.04.2020.

Mr. Abdul Rehman Bhutto, advocate for applicant.           

                                                 -.-.-.-.-.-.-.-.-.-

                        The facts in brief leading to passing of instant order are that the applicant lodged an FIR Crime No.11/2020, u/s.324,148,149 PPC, with P.S Karampur, alleging therein that the private respondents after having formed an unlawful assembly and in prosecution of their common object has fired and injured PW Zahid Hussain with intention to commit his murder.

                        On investigation, such FIR was found to be false and it was recommended by the police to be cancelled under false “B” class. Such report of the police was approved by learned Civil Jude & Judicial Magistrate, Tangwani, vide his order dated 19.03.2020, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by learned counsel for the applicant that it was the case wherein PW Zahid Hussain sustained fire shot injury at the hands of private respondents, which was caused to him with intention to commit his murder, therefore, the learned trial Magistrate ought not to have accepted the police report, on the basis of dishonest investigation. By contending so, he sought for issuance of notice against the respondents.

I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of three days; such delay having not been explained plausibly could not be overlooked, it is reflecting deliberation and consultation. The injury sustained by PW Zahid Hussain was found to be on his middle finger of left hand and it has been opined to be self suffered. Such opinion of the medical officer could not be lost sight of. Indeed, it has made very case of the applicant to be false. The parties are already disputed and lodgment of FIR on the part of applicant, on the basis of self suffered injury perhaps was with the reason to settle his dispute with the private respondents by involving them in a false case, which was rightly recommended by the police to be declared under false “B” class and has rightly been approved by learned trial Magistrate by way of impugned order, which is not calling for any interference by this Court by way of instant Crl.Misc.Application.    It is dismissed in limine together with listed applications.

J U D G E