ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

    Crl.Misc.Appln.No.S-135 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

24.01.2022

                        Mr. Jai Kumar B.Lund, Advocate for the applicant.

                        Mr. Aitbar Ali Bullo, D.P.G for the State.

 

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                        Facts in brief leading to passing of the instant order are that the private respondents allegedly by committing trespass in house of the applicant, insulted and threatened her of murder; therefore, she lodged FIR of such incident with P.S Jhali Kalwari; it was cancelled by learned Civil Judge & Judicial Magistrate, Lakhi Ghulam Shah, under “C” class, vide order dated 06.04.2021, which is impugned by the applicant before this Court.

                        It is contended by learned counsel for the applicant that the learned trial Magistrate has disposed of FIR of the applicant under “C” class,     by way of impugned order, without lawful justification, therefore, the same being illegal is liable to be set aside, with direction to learned trial Magistrate to take cognizance of the incident. In support of his contention, he relied upon case of Mst.Bano Vs. Civil Judge and Judicial Magistrate No.XII, Hyderabad (2019 YLR-2178).

                        None has appeared on behalf of the private respondents. However, learned D.P.G for the State by supporting the impugned order has sought for dismissal of the instant Crl.Misc.Application by supporting the impugned order.   

                        I have considered the above arguments and perused the record.

                        The parties admittedly are disputed over the landed property and the FIR of the incident has been lodged with delay of more than one month.      In these circumstances, after due investigation, the police recommended the cancellation of FIR of the applicant under “B” class. By cancelling such FIR under “C” class, the learned trial Magistrate has obviously favoured the applicant. No illegality even otherwise is pointed out, which may justify making interference with the impugned order by this Court.

                        The case law which is relied upon by learned counsel for the applicant is on distinguishable facts and circumstances. In that case, the FIR was lodged promptly and it was robbery case. In the instant case, there is dispute between the parties over the landed property and the applicant probably to settle such dispute intended to involve the private respondents in false case    by lodging the FIR with scandalous delay of more than one month.

                        In view of the facts and reasons discussed above, the instant Crl.Misc.Application is dismissed accordingly.

      JUDGE