ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-305 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection “A”.

02. For hearing of main case.

17.02.2022

                        Mr. Sajid Hussain Mahessar, Advocate for the applicant.

                        Mr. Muhammad Afzal Jagirani, Advocate for private respondents.

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

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IRSHAD ALI SHAH - J;- Facts in brief necessary for disposal of instant Crl.Misc.Application are that FIR was lodged by the applicant with P.S Fatehpur alleging therein that the private respondents being police officials by committing trespass in his house have committed robbery and mischief; such FIR on investigation was recommended by the police to be cancelled under false “B” class; it however was cancelled by learned 1^st Judicial Magistrate, Dokri, under “C” class vide order dated 29.09.2020, 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 ought not to have cancelled the FIR of applicant under “C” class. By contending so, he sought for setting aside of impugned order with direction to learned trial Magistrate to take cognizance of the incident. In support of his contention, he has relied upon case of Soomar Vs. Civil Judge and Judicial Magistrate, Khipro, District Sanghar and 8 others (2020 P.Cr.LJ-835).

                        Learned Addl.P.G for the State and learned counsel for the private respondents by supporting the impugned order have sought for dismissal of the instant Crl.Misc.Application by contending that the applicant by involving the police officials in a false case is intending to protect his relatives who are hardened criminals of the area.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about two months. Nothing has been brought on record which may prove ownership of the applicant over robbed buffaloes, cows and gold ornaments. In these circumstances, learned trial Magistrate by cancelling the subject FIR under “C” class, by way of impugned order, has favoured the applicant; such order is not found illegal to be interfered with 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 cancelled under “C” class by learned trial Magistrate without assigning cogent reasons. In the instant case, the cogent reasons are assigned.

                        In view of above, the instant Crl.Misc.Application is dismissed. However, the applicant may file a direct complaint of the incident, if so is advised to him.

      JUDGE