ORDER SHEET

ORDER SHEET<= /p>

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-685 of 2012

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1. FOR ORDER ON MA NO.7870/2012.

2. FOR KATCHA PESHI.<= /p>

25-10-2013=

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Mr. Bharat Kumar, advocate for applican= t.

Mr. Shahid Ahmed Shaikh, A.P.G. Sindh.<= o:p>

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&= nbsp; Through instant criminal miscellaneous application, applicant has assailed order da= ted 22-11-2012 passed by Civil Judge & Judicial Magistrate-III, Nawabshah.

2. = ; Precisely, relevant facts are that applicant lodged F.I.R. under section 380 PPC again= st respondents No.4 & 5 bearing crime No.169/2012, PS A-Section Nawabshah; after investigation, Investigating Officer recommended the same under “C” class whereof impugned order was passed.

3. = ; Learned counsel for applicant, inter alia, contends that alleged incident was witnessed by witnesses Sajid Ali and Abid Ali; sufficient evidence was available for cogni= zance; impugned order is against the law; applicant was having admitted enmity with police thereby they have recommended the case of complainant under “C” class with ulterior motive.

4. = ; On the other hand, learned A.P.G. supports the arguments of applicant’s counsel with plea that trial Court may proceed t= he case.

5. = ; After careful consideration of contentions raised by learned counsel for applicant and scanning of available record, it is admitted fact that accused Mst. Ishrat (respondent N= o.4) is legally wedded wife of witness Abid Ali and Javed Ali (respondent No.5) who is brother of Mst. Ishrat. It is allege= d that respondent No.5 and his mother Mst. Nasreen travelled from Khanewal<= /span> to visit Mst. Ishrat who was residing with her husband. According to complainant they after taking m= eal they all went to sleep, in early morning on awakening, they found that resp= ondents No.4, 5 and their mother were not available further they found that some go= ld ornaments and cash of Rs.150,000/- were not avai= lable in almirah thus, they lodged report against the= m. Further, while examining of impugned order learned Magistrate has assigned reasons while accepting the recommendation of Investigating Officer for disposal of instant case under “C” class, same fallows;

“After having perused the material available on record and heard the complainant and his learned advocate, I find that instant FIR was lodged by= the complainant on 08-08-2012 at 1430 hours showing the date and time of occurr= ence as ‘in between 19-04-2012 & 20-04-2012 at night time’ From = the perusal of police papers, it is apparent that in this matter the I.O. has r= ecorded the statements of the following witnesses:

= &nb= sp; = &nb= sp; i. &nb= sp; = = Abid Ali s/o Muhammad Idress Rajput (brother of the complainant.=

= &nb= sp; = &nb= sp; ii. &n= bsp; = ; = Sajid Ali s/o Muhammad Idress Rajput (brother of the complainant)=

= &nb= sp; = &nb= sp; iii. &= nbsp; &nbs= p; Imran Khan s/o Muhammad Aslam Arain

= &nb= sp; = &nb= sp; iv. &n= bsp; = ; = Nazar Muhammad s/o Khamiso Khan

= &nb= sp; = &nb= sp; v. &nb= sp; = Muhammad Akram s/o Deen Muhammad

From the perusal of statements = of the above mentioned witnesses, it is apparent that witnesses No. i to ii ha= ve supported the version of the complainant but witnesses No. iii to v have not supported the version of the complainant at all; and instead they have stat= ed that there is a matrimonial grudge and annoyance in between the complainant= and accused parties as the sister of complainant Zahid was given in marriage to accused Javed and in exchange sister of accused Javed (co-accused Mst. Ishrat) was given in marriage to brother of complainant (witness No. i) but due to some dispute = both girls have returned to the houses of their respective parent and now the complainant has lodged this FIR in order to pressurize the accused party. In this regard, the contention of learned advocate for complainant that SHO and SSP concerned have filed this cancelled ‘C’ class report in res= pect of the complainant’s FIR due to old grudge and annoyance as he had fi= led C.P. No.S-521 of 2010 filed by the complainant Zahid Ali on 27-09-2010, before the Honourable High C= ourt of Sindh, Circuit Court, Hyderabad, against the said police officers is not apparently valid for the reason that the said C.P. was filed about one year= and seven months back in respect of the alleged occurrence dated 18-09-2010 including alleged robbery, demolition of shops in which complainant and oth= ers were tenant as per his own claim, and illegal occupation by the private respondent Maqbool Ahmed s/o Muhammad Umar Dahri and apparently no specific relief was sought ag= ainst any of the respondent police officers and especially against the respondent= SSP concerned and so no question of old grudge and enmity of police against the complainant arises at all and even otherwise the story of instant FIR has no nexus with the alleged occurrence mentioned in said C.P. So it is apparent = that the accusation is not well founded and based on tangible evidence and FIR is apparently lodged due to matrimonial grudge and annoyance as mentioned abov= e.”

6. = ; Bare perusal of reasoning, discussed by learned Magistrate and facts as narrated= by complainant in F.I.R. It is alleged that Mst. <= span class=3DSpellE>Ishrat is wife of Abid Al= i was residing in same house and she along with her brother and mother committed theft and left away the house of her husband, but during investigation, it = is surfaced that instant case is outcome of matrimonial dispute and applicant = has tried to convert such dispute in criminal proceedings against the responden= ts who are residing in Khanewal just to humiliate = and cause pressure upon them. Moreover, impugned order is well speaking and no material illegality or infirmity is pointed out.

7. = ; In view of above, instant criminal miscellaneous application is dismissed alongwith listed application.

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; JUDGE

A.C