ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Misc. Appln. No.S-137  of 2021.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection ‘A’.

2. For hearing of main case.

21.02.2022.

                        Mr. Khadim Hussain Khoharo, Advocate for the applicant.

Mr. Jam Zuhaib Ahmed, Advocate for private respondents.

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

                                                -.-.-.-.-.-.-

            The applicant by way of instant Crl.Misc.Application has impugned order dated that 03.04.2021, passed by learned Sessions Judge/Ex-Officio Justice of Peace, Qamber-Shahdadkot @ Qamber, whereby his application for issuance of direction against the police to record his FIR against the proposed accused was dismissed.

                        It is contended by learned counsel for the applicant that proposed accused by occupying public school has committed theft of its articles, which constitutes a cognizable offence, therefore, learned Ex-Officio Justice of Peace, ought not to have dismissed the application of applicant by way of impugned order, such order being illegal is liable to be set aside.

                        Learned Addl.P.G for the State and learned counsel for the private respondents have sought for dismissal of the instant Crl.Misc.Application by supporting the impugned order by contending that the applicant is intending to involve the private respondents in false case malafidely.               

                        I have considered the above arguments and perused the record.

                        As per report of the police, no incident as alleged by the applicant has taken place. The applicant even otherwise is hardly having a locus-standi to seek for direction against the proposed accused for registration of FIR of the alleged incident. No illegality is pointed out in the impugned order, which may justify this Court to make interference with it. Consequently, the instant Crl.Misc.Application is dismissed.

JUDGE