ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln.No. S- 448 of 2021.

Date                            Order with signature of Hon’ble Judge

1.For orders on office objection as flag A.

2.For hearing of  main case.                       

21.02.2022.

Mr. Shahbaz Ali M. Brohi, advocate for the applicant.

Mr. Shakeel Ahmed G.Ansari, Advocate for private respondents.

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

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                        At the very outset, it is stated by the learned counsel for the applicant that after registration of FIR with regard to death of her son Nadir, the applicant subject to law would make a formal request to police or Magistrate having jurisdiction for exhumation of dead body of her son for determination of his actual cause of death. By stating so, for the time being, he does not press the instant Crl.Misc.Application; it is dismissed as not pressed.

       JUDGE

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No. S- 447 of 2021.

Date                            Order with signature of Hon’ble Judge

1.For orders on office objection as flag A.

2.For hearing of  main case.                       

21.02.2022.

Mr.  Shahbaz Ali M. Brohi, advocate for the applicant.

Mr. Shakeel Ahmed G.Ansari, Advocate for proposed accused.

Mr.Ali Anwar Kandhro, Addl. P.G.

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            The applicant by way of instant Crl.Misc.Application has impugned order dated that 04.11.2021, passed by learned 3^rd Additional Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, whereby her application for issuance of direction against the police to record her FIR against the proposed accused was dismissed.

                        It is contended by learned counsel for the applicant that proposed accused have committed murder of son of applicant 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 proposed accused have sought for dismissal of the instant Crl.Misc.Application by supporting the impugned order by contending that the deceased has died of natural death.                      

                        I have considered the above arguments and perused the record.

                        The serious allegation of murder is levelled against the proposed accused; such allegation being cognizable in its nature could not be lost sight of in summarily manner on the basis of so-called post-mortem report of the deceased which was even arranged before formal registration of the case; therefore, the impugned order is set aside. Consequently, SHO P.S New Faujdari is directed to record statement of the applicant for purpose of the FIR and then to make its disposal in accordance with law.

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

JUDGE

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No. S- 03 of 2022.

Date                            Order with signature of Hon’ble Judge

1.For orders on office objection as flag A.

2.For hearing of  main case.                       

21.02.2022.

Mr. Abid Hussain Kalhoro, advocate for the applicant.

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            The applicant by way of instant Crl.Misc.Application has impugned order dated that 29.12.2021, passed by learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace, Mehar, 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 the proposed accused have arranged for Nikkah of Mst.Shahidan during existence of her Nikkah with Yaseen Ahmed, who happened to be son of the applicant, which constitutes a cognizable offence, therefore, learned Ex-Officio Justice of Peace, Mehar, ought not to have dismissed the application of applicant by way of impugned order, such order being illegal is liable to be set aside.

                        I have considered the above arguments and perused the record.

                        If for the sake of arguments, it is believed that Mst.Shahdian has married with someone else during existence of her Nikkah with Yaseen Ahmed, who happened to be son of the applicant, then it constitutes an offence punishable u/s.494 PPC, which is not cognizable. In these circumstances, the learned Ex-Officio Justice of Peace, Mehar was right to dismiss the application of the applicant by way of impugned order, which is not calling for any interference by this Court by way of instant Crl.Misc.Application; it is dismissed in limine leaving the applicant to file direct complaint of the incident before the Court having jurisdiction.

JUDGE