ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-189 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

10.02.2022

                        Mr. Habibullah Ghouri, Advocate for the applicants.

                        Mr. Imdad Ali Mashori, Advocate for private respondent.

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

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                        The private respondent on the basis of allegation that the applicants and others in order to satisfy its dispute with him over watercourse have maltreated and threatened him to be killed, sought for direction against the police for recording his FIR by making an application u/s.22-A & B Cr.PC; such direction was issued by learned 2^nd Additional Sessions Judge/Ex-Officio Justice of Peace, Jacobabad, vide order dated 14.07.2020, 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 no incident as alleged by the private respondent had taken place and he in order to satisfy his dispute with the applicants over watercourse and others is intending to involve them in a false case malafidely. By contending so, he sought for setting aside of the impugned order.

3.                     Learned Addl.P.G for the State did not support the impugned order. However, learned counsel for the private respondent by supporting the impugned order sought for dismissal of the instant Crl.Misc.Application by contending that the cognizable offence has taken place.

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

5.                     Admittedly, there is dispute between the applicants and private respondent over the watercourse. In that situation, intended involvement of the applicants and others at the instance of private respondent in a case under the garb of maltreatment and criminal intimidation is appearing to be somewhat significant. Consequently, the impugned order is set aside.

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

      JUDGE