Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No.S-870 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. 6906/2021.

 

17-01-2022.

         

Mr. Ajeebullah Junejo, advocate for the applicant.

Mr. Aftab Ahmed Shar, Additional Prosecutor General.

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

          Mr. Abdul Haseem Khuhro advocate files power on behalf of respondent No.2 along with statement and certain documents, which are taken on record.

Through the instant Crl. Misc. Application, the applicant has impugned the order dated 11-12-2021 passed by learned 1st Additional Sessions Judge/Ex-Officio Justice of Peace Sukkur on the application filed by the respondent No.2 for registration of FIR against the applicant, which was allowed; 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 respondent No.2 against the applicant was allowed by the learned 1st Additional Sessions Judge/Ex-Officio Justice of Peace Sukkur; that applicant has not committed any cognizable offence, but 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 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 Cell Sukkur the applicant approached and present application which was forwarded to SHO PS Januji, who reported that there is no truth into the contents of applicant; the applicant has not been harassed or threatened by him or his sub-ordinate staff and there is matter between applicant and private respondent over the sale and purchase of land and irrigation water, otherwise no such cognizable offence has taken place. Generally the parties have made a practice to humiliate and disgrace their opponents by filing such application by managing a false story. Thus the instant application is allowed and the impugned order passed by learned 1st Additional Sessions Judge/Ex-Officio Justice of Peace Sukkur is set aside. However, the respondent No.2 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.

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

          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