Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.561-A---Accused persons by an application under S.561-A, Cr.P.C. challenged the order passed by Judicial Magistrate whereby he declined summary report under "C" class---Parties were disputed over a plot which was allocated for imambargah---Complainant directly filed the application before Justice of Peace without approaching the concerned police station---Version of complainant before the Justice of Peace and in FIR was different as she did not implicate police officials in FIR---All the accused were close relatives of complainant residing in neighbourhood thus complainant could not claim them as unknown persons---Civil litigation was result of criminal cases---No evidence was available on record with regard to alleged occurrence taking place in the house of complainant---Complainant had failed to produce the labourers for recording of statement under S. 161, Cr.P.C. in order to support the version in FIR---Neither complainant nor witnesses sustained any injury at the hands of accused though they were allegedly armed and complainant party was at the mercy of accused---Magistrate had not properly examined the material nor furnished any solid grounds for declining summary report---Summary report filed by investigating officer under "C" class was approved and criminal miscellaneous application was disposed of accordingly. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.--- Through captioned criminal miscellaneous application, applicant Syed Kousar Abbas Shah and two others have impugned the order dated 18.03.2014, passed by the Court of learned I-Civil Judge and Judicial Magistrate, Rohri, whereby the summary report under "C"-Class submitted by the Investigating Officer was declined. 2. Relevant facts as spelt out from instant criminal miscellaneous application are that respondent Mst. Jamila Bibi lodged FIR No. 95 of 2013, under sections 452, 502, 506/2, 147, 148 and 149, P.P.C. at Police Station Rohri, stating therein that on 23.04.2012, she was carrying on construction work of her house and at about 5.00 p.m., there was knock at the door of her house. On opening the door, 11 persons entered into her house namely…

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