ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-214 of 2020

Date	Order with signature of Judge

 

01.For orders on M.A.No.3440/2020 (U/A)

02.For orders on office objections “A”

03.For orders on M.A.No.3441/2020 (E/A)

04.For hearing of main case.

24-08-2020

 

Mr. Muhammad Ashique Dhamraho, Advocate for applicant

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 IRSHAD ALI SHAH, J.-    Facts in brief necessary for disposal of instant Crl.Misc.Applicaion are that the applicant lodged FIR with P.S Bhittai Colony, Kashmore at Kandhkot, against the private respondents for attempting to make encroachment over his landed property, setting his “Dera” on fire and threatening him of murder.

                        On investigation, such FIR was found to be false and was recommended to be cancelled by the police under false  “B” class, and it was cancelled accordingly by learned Civil Judge & Judicial Magistrate, Tangwani, vide his order dated 14.07.2020, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application.

                        It is contended by learned counsel for the applicant that the learned trial Magistrate has canceled the FIR of the applicant on police report, which was based on dishonest investigation. By contending so, he sought for issuance of notice against the private respondents.

                        I have considered the above arguments and perused the record.

                        The FIR of the alleged incident has been lodged by the applicant with police with delay of more than two months that too after having recourse under section 22-A & B Cr.PC, such delay could not be overlooked. On investigation, it was concluded by the police that no incident as alleged by the applicant has taken place and the applicant has lodged an FIR involving the private respondents in a false case only to satisfy his dispute with them over the landed property. In these circumstances, learned trial Magistrate was right to accept the recommendation of the police for cancellation of FIR of the applicant by way of impugned order, which apparently is not suffering from legal defect to justify interference with it.

                        In view of above, the instant Crl.Misc.Application is dismissed in limine alongwith pending applications.

                                                                                          J U D G E