ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.A.No.S-234 of 2024

(Sunny Kumar Vs. SHO, PS A-Section Kandhkot & Ors)

DATE                          ORDER WITH SIGNATURE OF JUDGE

01. For orders on M.A.No.4139/2024 (U/A)

02. For orders on office objection

03. For orders on M.A.No.4140/2024 (E/A)

04. For the hearing of the main case.

18.07.2024.

Mr. Ayaz Ahmed Faras, Advocate for the applicant.

  -.-.-.-.-.-.-.-.-.-

1.        Urgency granted.

2.        Over-ruled.

3.        Granted subject to all just exceptions.

4.        Based on allegation/dispossession from the subject property coupled with criminal intimidation, the applicant by making an application u/s.22-A/B Cr.PC sought direction against the police to record his FIR against the proposed accused; it was dismissed by learned Sessions Judge/Ex-Officio Justice of Peace, Kashmore @ Kandhkot, vide order dated 18.05.2024, which is impugned by the applicant before this Court by preferring the instant Crl.Misc.Application u/s.561-A Cr.PC.

            Heard arguments and perused the record.

            Apparently, there is a dispute between the parties over the plot and the civil litigation between them on it is going on. The occurrence of the incident is denied by the police in its report. In such a situation, direction for recording FIR at the instance of the applicant could not be issued under the garb of criminal intimation. No illegality even otherwise, is noticed in the impugned order, which may justify this Court to interfere with the same. Consequently, the instant Crl.Misc.Application is dismissed in limine.

JUDGE