Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No.S-638 of 2021

 

Date

               Order with signature of Judge

 

          1. For hearing of main case.

2. For hearing of MA No. 5201/2021.

 

17-01-2022.

         

Mr. Ghulam Mujtaba Jakhar, advocate for the applicant.

Mr. Nazir Ahmed Junejo advocate for respondent No.3.

Mr. Aftab Ahmed Shar, Additional Prosecutor General.

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

          Through the instant Crl. Misc. Application, the applicant has impugned the order dated 17-09-2021 passed by learned Sessions Judge/Ex-Officio Justice of Peace Khairpur on the application filed by the respondent No.3 for registration of FIR against the applicant, which was allowed; hence applicant filed the instant application.

          Learned counsel for the applicant has contended that applicant has obtained loan Rs. 35,000/- and his brother obtained Rs.350,000/- as loan from respondent No.3, but they returned back the amount of Rs. 11,00,000/- by them to respondent No.3, but he is still demanding more amount; that the respondent No.3 has also lodged the FIR bearing Crime No. 271/2021 at PS B-Section Khairpur against the brother of applicant and now he is intends to lodge FIR against the applicant; that no any cognizable offence has been committed by the applicant and the impugned order passed in hasty manner, hence he prays for setting aside the impugned order.

          Learned DPG for the State as well as learned counsel for respondent No. 3 support the impugned order. Learned counsel for the respondent No.3 files photocopy of Iqrarnama, which shows that applicant has obtained ten lacs amount and given a cheque of National Bank of Pakistan, Sindh Secretariat Branch Karachi to provide a Govt. job, who failed to provide the same and also avoiding to pay the above said amount to the respondent No.3.

          I have heard learned counsels for the parties and have perused the material available on record.

          Perusal of record shows that the applicant is serving in Sindh Secretariat, Karachi and obtained Rs. 10,00,000/- from the respondent No.3 for providing job to his nephew Shaman Ali and issued cheque worth Rs. 10,00,000/- of National Bank of Pakistan, Sindh Secretariat Branch, Karachi as surety, but neither the applicant provided job nor returned the amount, hence the respondent No.3 presented the said security cheque before the concerned Bank, which was dishonoured. Such Iqrarnama also filed by the counsel for respondent No.3, but the same was belied by learned counsel for the applicant. Since the parties are raising their differing claims, which requires investigation, therefore the instant Crl. Misc. Application filed by the applicant is dismissed and impugned order is maintained.

 

                                                                                                Judge

Nasim/P.A

 

 

Order Sheet

IN THE HIGH COURT OF SINDH,

 BENCH AT SUKKUR

Cr. Misc. Application No.S-613 of 2020

 

Date

               Order with signature of Judge

 

          For hearing of main case.

 

16-09-2021.

         

Mr. Jamshed Ahmed Faiz, advocate for the applicant.

          Syed Srdar Ali Shah Rizvi, Additional Prosecutor General.

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

          Through the instant Crl. Misc. Application, the applicant has impugned the order dated 06-10-2020 passed by IInd Civil Judge & J.M Kandiaro and order dated 23-10-2020 passed by learned Additional Sessions Judge Kandiaro on the application filed by the applicant for constituting Special Medical Board to exhume/discover the dead body of deceased Saleem for examination and post mortem to ascertain the cause of death of deceased.

          Learned counsel for the applicant has contended that filed application u/s 176 Cr.P.C before the learned IInd Civil Judge and J.K Kandiaro for exhumation of grave of deceased Saleem for examination and postmortem, which was dismissed vide order dated 06-10-2020 and then applicant filed such revision, which was also dismissed by learned Additional Sessions Judge, Kandiaro, hence the applicant has impugned the said orders and filed the instant application for the said purpose, therefore, he prayed that such application may be allowed.  

          Learned APG for the State has supported the impugned order.

          I have perused the material available on record, which reveals that on 28-06-2020 the applicant has shown apprehension of murder of his son, but from 28-06-2020 till 24-09-2020, he remained silent in respect of apprehension of murder of his son and during such long period the applicant has not moved any application before any forum. Record reflects that applicant filed application for lodging of the FIR complaint in respect of murder of his son before the SSP Naushahro Feroze, the same forwarded to DSP Complaint Redressal Cell Naushahro Feroze for conducting enquiry and action, but no order has submitted by the applicant passed on the said application. The impugned orders passed by concerned Judicial Magistrate and Additional Sessions Judge Kandiaro are within the four corners of law and does not require any interference.

          In view of above, the instant Crl. Misc. Application stands dismissed.       

                                                                                                 Judge

Nasim/P.A