Order
Sheet
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr.
Misc. Application No.S-820 of 2021
Date |
Order with signature of Judge |
1.
For Orders on office objection.
2.
For hearing of main case.
14-01-2022.
Mr. Muhammad
Mithal Lohar, advocate for the applicant.
Mr. Maqsood
Ahmed Leghari advocate for private
respondents
Mr. Khalil Ahmed Maitlo, Deputy
Prosecutor General.
.-.-.-.-.-.-.-.-.-.-.-.-.
Through
the instant Crl. Misc. Application, the applicant has impugned the order dated 13-11-2021
passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace
Kandiaro on the application filed by the applicant for registration of FIR
against the respondents Nos. 5 to 7, which was dismissed; hence applicant filed
the instant application.
Learned
counsel for the applicant has contended that the application u/s 22A & B
Cr.P.C for registration of FIR filed by the applicant against the respondents
Nos. 5 to 7 was dismissed by the learned Additional Sessions Judge/Ex-Officio
Justice of Peace Kandiaro; that proposed accused persons have committed the
robbery of mobile phone and cash amount from the applicant while driving the
motorcycle and then applicant approach the SHO PS Mehrabpur for registration of
his FIR, who refused to record the statement of applicant and then applicant
files such application or registration of FIR, which was also dismissed; that
proposed accused have committed the cognizable offence and learned Judge
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 Nos. 5 to 7 support
the impugned order. Learned counsel for the respondents No. 5 to 7 submits
photocopy of receipt with the name of Sanam Communication along CNIC copy of
applicant which shows that he sold his mobile at the shop of respondent No.7.
I
have heard learned counsels for the parties and have perused the material
available on record.
Perusal
of impugned order shows that prior to filing application for registration of
FIR before the Ex-Officio Justice of Peace Kandiaro, the applicant has
approached to SSP Naushahro Feroze in the month of October, 2021 after four
months of the alleged incident alleged as the incident was taken place on
20-05-2021 while the application for registration of FIR was filed by the
applicant on 01-11-2021 with the day of more than five months. Record reflects
that applicant himself collected the CDR record without reporting the matter to
the police authorities, which shows that he himself investigated the matter is which
purely against the domain of police, which shows that applicant wants to
involve his opponents for the reasons best known to him. The dispute between
the parties over a mobile phone as also admitted to which learned counsel for
the respondent No.7 submitted photocopy of receipt with the name of Sanam
Communication along CNIC copy of applicant which shows that applicant himself
has sold his mobile at the shop of respondent No.7 on 29-05-2021. Generally the
parties have made a practice to humiliate and disgrace their opponents by
filing such application by managing a false story. It appears that applicant has
not approached with clean hands. Thus the impugned order passed by learned
Additional Sessions Judge/Ex-Officio Justice of Peace Kandiaro is within the
four corners of law and does not require any interference, hence the instant
Crl. Misc. Application stands dismissed.
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