IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR
Crl. Misc. Application No. S-173 of
2022
|
Date |
Order with signature of Judge |
1. For orders on M.A.
No.1518/22.
2. For orders on O/objection at
flag-A.
3. For orders on M.A.
No.1519/22
4.
For hearing of main case.
Date of
hearing. 11.04.2022
Mr. Abdul Rauf
Hulio, Advocate for applicant.
-.-.-.-.-.-.
O R D E R.
Through instant Criminal Misc. application, the
applicant/complainant has assailed the order dated 24.02.2022 passed by learned
Judicial Magistrate, Sobhodero whereby final report
submitted by investigating officer in crime No.01/2022 under Section 382, 506/2, 148, 149 PPC of P.S Sobho
dero, under ‘B’ Class was approved under 'C' class.
2. The facts in nutshell are that applicant/complainant
lodged FIR at Police Station, Sobho Dero on 01.01.2022 at 1230 hours stating therein
that he alongwith his sons Sameeullah and Khadim Hussain was present at his
land where accused named in the FIR alongwith 20/25 unidentified persons having deadly weapons, lathis, hatchets,
sickle came there. They on force weapons started cutting sugarcane crop and complainant
party remained silent due to fear. He then lodged FIR.
After completing investigating, the
I.O recommended the case under ‘B’ Class and learned Magistrate did not agree with
the report of I.O. and approved the
same under ‘C’ Cancel class, hence the applicant/complainant has filed instant
Misc. Application.
3. Learned Counsel for the applicant/complainant
contended that impugned order passed by learned Magistrate is against the law. Further
submits that learned Magistrate passed the impugned order in hasty and in
slipshod manner without applying his judicious mind. He further submits that
the learned Magistrate did not consider the material available on record and
straightaway disposed of the case under cancelled class. He, therefore, prayed
for setting-aside the impugned order and requested to issue directions to
submit the report U/s 173 Cr.P.C against the accused persons as they have
committed the cognizable offence.
4. I
have heard the learned Counsel for the applicant/complainant and have examined
the material available on record.
5. Perusal
of record reflects that applicant and respondent are disputed over landed property,
such factum is also reflected from the averments of FIR. Admittedly, alleged
incident occurred on 26.11.2021 while FIR was lodged on 01.01.2022. Per
contents of FIR the accused/respondents intruded in to the lands of complainant
having deadly weapons forcibly reaping the standing crop of the complainant.
Bare perusal of impugned order reflects that no any sort of resistance
whatsoever was made by anybody and they due to fear of weapons in entire
scenario did not resist. Indeed, the incident occurred in the month of
November, 2021, however, FIR was lodged on 01.01.2022 after delay of about two
months and no plausible explanation has been furnished by the
complainant/applicant for such an inordinate delay, hence due deliberation and
consultation cannot be ruled out which too does not appeal to a prudent mind as
the person before whom incident occurred who remain calm for about two months after
met an such incident rather than at least reporting the matter with Police.
6. In view of above discussion, the learned
Magistrate has passed an appropriate order and has not committed any illegality
or material irregularity while passing impugned order dated 24.02.2022 which does
not call for any interference. Consequently, instant Crl. Misc. application
stands dismissed in limine being devoid of any legal substance alongwith listed
applications.
J
U D G E
Ihsan.