ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-45 of 2018.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

07.02.2022

                        Mr. Athar Abbas Solangi, Advocate for the applicant.

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

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IRSHAD ALI SHAH - J;- The facts in brief necessary for disposal of instant Crl.Misc.Application are that an FIR was lodged by the applicant against the private respondent and others for having attempted to abduct his cousin/boy Sakhawat Hussain, aged about 03 years; on investigation the interim challan was submitted by the police before learned 3^rd Judicial Magistrate,  Larkana;  it was followed by filing of an application by the applicant for treating the interim challan to be final one; subsequently, learned trial Magistrate cancelled the said FIR under false “B” class, on police report vide order dated 06.01.2018, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by learned counsel for the applicant that the learned trial Magistrate has cancelled the FIR of the applicant on police report, by way of impugned order without considering the material brought on file by the applicant, which apparently was connecting the private respondent and others in commission of the incident; therefore, such order being illegal is liable to be set aside.

                        Learned Addl.P.G for the State did not support the impugned order. None has turned up on behalf of the private respondent to advance arguments in rebuttal to what is stated by learned counsel for the applicant. 

                        Heard arguments and perused the record.

                        The FIR of the incident is lodged promptly within shortest possible time and it contains the names of the accused involved in commission of the incident. Whatever is stated in FIR, is taking support from the ancillary evidence which was produced by the applicant before the police. The interim challan of the case was submitted by the police before the learned trial Magistrate for cognizance of the incident. In that situation, learned trial Magistrate ought not to have cancelled the FIR of the applicant under false “B” class on subsequent report of the police, which was based on re-investigation by making a conclusion that there is family dispute between the parties, by way of impugned order, it is set aside. Consequently, the learned trial Magistrate is directed to take cognizance of the offence/incident and then to proceed the case further in accordance with law.

                        The instant Crl.Misc.Application is disposed of accordingly.

      JUDGE