ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-412 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

                        Syed Shafquat Ali Shah, Advocate for the applicant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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                        Facts in brief leading to passing of the instant order are that the private respondents, after having formed an unlawful assembly and in prosecution of their common object, committing mischief by causing damage to water-course, stolen away rupees twenty thousand of the applicant from his shop and then went away by causing kicks, fists, lathies, butt and knife injuries to him, PWs Ghulam Kibirya and Junaid Ahmed and then made aerial firing to create harassment, for that an FIR was lodged by the applicant with P.S Saddar, Qamber, it was cancelled by learned 2^nd Civil Judge & Judicial Magistrate, Qamber, under “C” class, vide order dated 12.10.2021, 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 on the basis of dishonest investigation, therefore, such order being illegal is liable to be set aside with direction to learned trial Magistrate to take cognizance of the incident.

                        None has appeared on behalf of the private respondents. However, learned Addl.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 about two months. In these circumstances, learned trial Magistrate has recorded cancellation of FIR of the applicant under “C” class on the basis of police report. No illegality even otherwise, is pointed out, which may justify making interference with the impugned order by this Court, by way of instant Crl.Misc.Application under section 561-A Cr.PC, it is dismissed accordingly. However, the applicant may have recourse under section 200 Cr.PC, if so is advised to him.

      JUDGE