IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Misc. Application No.S-40 of 2024.

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For orders on O/objection at flag-A.

2. For hearing of bail application.

Date of hearing 02.09.2024.

Mr. Ubedullah Malano, Advocate for applicant.

Syed Israr Ahmed Shah, Advocate for respondents.

Syed Sardar Ali Shah DPG for State.

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O R D E R

Learned counsels were heard on earlier date, however, considering a possibility of a understanding matter was adjourned to be taken-up for today. Today it is reported that no settlement has been acquired as the private parties have preferred not to apparently communicate to each other. Learned counsels were heard on the earlier dated as such contentions of learned counsel need no reiteration. Having gone through the record it is observed that there are two aspects of the complaint one being of civil nature in respect to the occupation of land which is said to under same understanding and the other in respect to the overt act/s alleged therein which require criminal redressal.

Learned Justice of Peace has apparently considered the civil nature in the matter and based upon the same has denied the lodging of the FIR. In the said circumstances where although sufficient material may not be available as to directions availability of lodging of FIR the impugned order as passed may restrict the applicant from exercising his legal right as may be available to him under Section 200 Cr.P.C, in respect to the overt act/s alleged, which require exercise initiation of criminal adjudication, accordingly although the Crl. Miscellaneous Application is found liable to be disposed of without disturbing the impugned order especially when the same is absent to the required material of cognizance as required under Section 154 Cr.P.C, the applicant may not be restricted in proceedings of Section 200 Cr.P.C, in case such an approaches is made.

With the above observation matter stands disposed of.

J U D G E

Ihsan/PS