Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No.S-846 of 2021

Date	Order with signature of Judge

1. For Orders on office objection.

2. For hearing of main case.

3. For hearing of MA No. 6779/2021.

17-01-2022.

Mr. Ghulam Murtaza Korai, advocate for the applicant.

Mr. Aftab Ahmed Shar, Additional Prosecutor General.

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Through the instant Crl. Misc. Application, the applicant has impugned the order dated 06-12-2021 passed by learned 3rd Additional Sessions Judge/Ex-Officio Justice of Peace Mirpur Mthelo 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 not committed any cognizable offence, but learned Court without considering reports, passed the impugned order 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. 2 support the impugned order.

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

Perusal of record shows that as per report of DSP Complaint Redressal Centre, Ghotki on 15-10-2021, no any offence has taken place within the jurisdiction of PS Belo Mirpur, inspite of that, the learned trial Court directed the SHO PS Belo Mirpur to record the statement of the respondent No.3 and if the cognizable offence is made, he shall incorporate the same in 154 Cr.P.C book. From the perusal of record, it appears that the parties are already inimical and they have registered the cases against each other. Generally the parties have made a practice to humiliate and disgrace their opponents to file such application by managing a false story. Thus the instant application is allowed and the impugned order is set aside. However, the respondent No.3 is at liberty to file a direct complaint before the competent Court of law having jurisdiction, if so advised.

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.

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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