ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Crl.Misc.Appln.No.S-98 of 2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on M.A. No.1444/2023.

2. For orders on office objections ‘A’.

3. For orders on M.A No.1445/2023.

4. For hearing of main case.

31.03.2023

                        Mr. Ashique Hussain Kalhoro, Advocate for applicant.

                                                            -.-.-.-.-.-

1.       Granted.

2.       Deferred.

3.       Deferred.

4.       The facts in brief necessary for disposal of instant Crl.Misc.Application under Section 561-A Cr.PC are that the applicant lodged FIR with P.S Tangwani, alleging therein that the private respondents after having formed an unlawful assembly and in prosecution of their common object, by causing kicks and fists blows to him and his witnesses, went away by issuing them threats of murder and making aerial firing to create harassment. On investigation, such FIR was recommended by the police to be cancelled under false “B” class; it however, was cancelled by learned Judicial Magistrate, Tangwani, under “C” class vide order dated 22.02.2023, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application under Section 561-A Cr.PC.

                   Heard arguments and perused the record.

                   The FIR of the incident has been lodged with delay of about four days; such delay having not been explained plausibly could not be overlooked; there was general allegation for the incident; the parties apparently were disputed over matter of Karap. In these circumstances, learned trial Magistrate, by cancelling the FIR of the applicant under “C” class, indeed has favoured him. No illegality is apparent which may justify this Court to make interference with the impugned order. Consequently, the instant Crl.Misc.Application is dismissed in limine.

   JUDGE