ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-231 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of main case.

17.09.2020.

Mr.Muhammad Afzal Jagirani, Advocate for applicant.

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IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant Crl.Misc.Application are that the applicant lodged FIR Crime No.36/2020, u/s.506/2, 114, 147, 148, 149 PPC with P.S Bakrani. It was recommended by the police to be canceled under false “B” class but was cancelled under cancel “C” class by learned 1^st Judicial Magistrate, Dokri, vide his order dated 07.08.2020, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s. 561-A Cr.PC.                       

2.                    It is contended by learned counsel for the applicant that learned trial Magistrate has passed the impugned order without applying his judicial mind, therefore, same is liable to be set aside after issuance of notice to other side.

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

4.                    The FIR of the incident has been lodged by the applicant with delay of about 18 days that too after having recourse under section 22-A & B Cr.PC. The parties are already disputed and there is no medical certificate in respect of the injuries allegedly sustained by the applicant and his witnesses during course of the alleged incident. In these circumstances, the learned trial Magistrate was right to cancel the FIR of the applicant under cancel “C” class, by way of impugned order, which is not calling for interference by this Court in exercise of its inherit jurisdiction.

5.                    Consequently, the instant Crl.Misc.Application is dismissed in limine with direction to the applicant to file a direct complaint of the incident before the Court having jurisdiction, if so is advised to him.

J U D G E