ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO

Cr. Misc. Appln. No. S-174 of 2022

Date	Order with signature of Judge

1. For order on office objection.

2. For order on M.A No. 2570/2022.

3. For hearing of main case.

16-03-2023

Mr. Sher Ali Chandio, advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State  

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Learned counsel for the applicant submits that though a report furnished by S.H.O P.S. Mehar disclosed that fight between the parties was taken place and one Ahmed Ali received injuries, inspite of that Justice of Peace dismissed his application.

Mr. Mushtaq Ali Chandio, advocate files vakalatnama on behalf of respondent No.3, which is taken on record. He submits that they want to register false F.I.R, whereas injuries are self-suffered, therefore, the application may be dismissed.

Learned D.P.G. submits that impugned order is not in accordance with law as the material placed before the Justice of Peace has not been considered properly.

Heard learned counsel for the parties and perused the material available on record.

Perusal of material available on record reflects that applicant has received injuries and he was medically examined and the doctor issued medical certificate and things are to be investigated after registration of an F.I.R.

In view of such, instant application is allowed. S.H.O P.S. A-Section Mehar is directed to record the statement of applicant and if cognizable offence is made out, he should register the F.I.R. S.H.O is further directed that until some tangible evidence comes on record, proposed accused shall not be arrested.

Instant criminal misc. application stands disposed of.

                                                                   Judge

Abdul Salam/P.A*