THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

2^nd Criminal Misc. Application No.S-93 of 2022

Applicant:            Fazal Mehmood Kakepoto through Mr. Abdul Khalique Kalhoro, Advocate.

Respondent:        The State

Through Mr. Shafi Muhammad Mahar, Deputy Prosecutor General, Sindh.

Date of hearing:  03.11.2022

Date of Order:     03.11.2022

O R D E R

AMJAD ALI SAHITO, J.- Through this Criminal Miscellaneous  Application, the applicant/complainant has impugned the order dated 23.08.2021, passed by the learned II-Civil Judge and Judicial Magistrate, Garhi Yasin, whereby he had disposed of Final Report No.14/2021 submitted by the I.O in F.I.R. No.52 of 2020, for offence under Sections 506/2, 504 & 34 P.P.C registered at Police Station Garhi Yasin under “B” Class and approved the final report under “C” Class.

2.      Facts in a nutshell are that there was a dispute over matrimonial affairs between the parties; resultantly harsh words and threats of dire consequences were exchanged. Hence the complainant lodged instant F.I.R.

3.      Learned counsel for the applicant has contended that the learned trial Court has not passed a speaking order by not appreciating the evidence of the witnesses, therefore, instant Criminal Miscellaneous Application may be allowed by setting aside the impugned order.

4.      On the other hand, learned Deputy Prosecutor General has opposed the instant Criminal Miscellaneous Application by stating that the order passed by the learned trial Court is well reasoned.

5.      Heard and perused.  Perusal of F.I.R. depicts that there was matrimonial dispute between the parties regarding talaq of nephew/niece of complainant.  It further transpires that complainant did not show specific role of any accused even he admitted that there is family dispute with accused party; hence both parties are already in a disputed condition. Record further reveals that the Investigating Officer has recorded statement under section 161 Cr.P.C. of independent persons, who have also admitted that there is a family dispute. The Investigating Officer and the independent witnesses are on one page that the complainant is not residing within the territorial jurisdiction of this Court as they are residents of Malir, Karachi. It further appears that the niece of the complainant has also filed Suit for divorce in the Family Court in Malir, Karachi. Seemingly, there appears no incriminating evidence against the accused persons, therefore, learned Trial Court has rightly agreed on the report furnished by the Investigating Officer under “B” Class and approved the final report in “C” Class. Learned counsel has miserably failed to point out any illegality or irregularity in the impugned order.  Accordingly, instant Criminal Miscellaneous Application is dismissed having no merits.

                                J U D G E

Manzoor