ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-248 of 2020

 

Date	Order with signature of Judge

 

 

01.For orders on M.A.No.3735/2020 (U/A)

02.For orders on office objection “A”

03.For orders on M.A.No.3736/2020

04.For hearing of main case.

11-09-2020

 

Mr. Mujahid Ali Jatoi, Advocate for the applicant

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IRSHAD ALI SHAH, J.- The applicant by way of instant Crl.Misc. Application has impugned order dated 13.08.2020, passed by learned Civil Judge And Judicial Magistrate, Lakhi Ghulam Shah, whereby the report for cancellation of FIR Crime No.05/2020, under section 395, 397 PPC of P.S Jhabar Shaikh, under cancel “C” class was accepted.

2.                    It is contended by learned counsel for the applicant that it was case of robbery, during course whereof, PW Ali Jan sustained injuries, therefore, learned trial Magistrate ought not to have accepted the police report for cancellation of FIR of the applicant under “C” class. By contending so, he sought for issuance of notice against the respondents.

3.                    I have considered the above arguments and perused the record.

4.                    The FIR of the incident was lodged with delay of about two months that too after having recourse under section 22-A & B Cr.PC, which appears to be significant. As per the medical officer, manipulation of one of the injury sustained by PW Ali Jan cannot be ruled out. The parties were already found to be disputed with each other. In these circumstances, the leaned Civil Judge & Judicial Magistrate, Lakhi Ghulam Shah, was right to accept the police for cancelation of above said FIR, 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