C.P.No.D-3348 of 2015

1. For orders on office objection

2. For orders on CMA-9391/2015

3. For orders on CMA-9392/2015

4. For Katcha Peshi

5. For orders on CMA-9393/2015

15.09.2015

Mr. Parmanand Advocate for petitioner.

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Through instant petition, the petitioner has impugned order dated 09.09.2015 passed by the learned Additional Sessions Judge (H)/Justice of Peace, Sukkur, in Cr.Misc.A. No.1057/2015 whereby on an application filed by one Mst. Nawazi Khatoon under Section 22-A, Cr.P.C, the learned Additional Sessions Judge (H)/Justice of Peace has directed the concerned SHO to register the FIR if some cognizable offence is made out, whereas, he has been further directed to take action against the applicant if the statement found to be false. Learned counsel for the petitioner submits that on the basis of false and fabricated story Mst. Nawazi Khatoon has obtained the aforesaid order, which will be misused against the petitioner and there is likelihood that the police will involve the petitioner in false case to cause humiliation and harassment. It has been prayed that the impugned order may be set aside.

From perusal of impugned order it appears that no directions for registration of FIR on the basis of statement made before the learned Additional Sessions Judge (H)/Justice of Peace, Sukkur, have been made, whereas, the petitioner has been simply directed to approach the concerned SHO for recording her statement and in case of any cognizable offence made out, only then the concerned SHO has been directed to act strictly in accordance with law. Prima facie, there seems nothing wrong with the impugned order as the mandate of section 22-A, Cr.P.C, given to the Justice of Peace, has been exercised, however, the apprehension of the petitioner regarding misuse of such order has some substance as we have been observing for quite some time that such orders are used sometime by the complainant party to drag innocent persons in frivolous litigation with the connivance of police, who, without applying their mind, register case against the proposed accused persons to cause harassment and humiliation. Accordingly, while maintaining the impugned order passed by the learned Additional Sessions Judge (H)/Justice of Peace, Sukkur, in the instant case, we would direct the concerned SHO that he may record the statement of Mst. Nawazi Khatoon and after applying his prudent judicious mind to the facts, as stated before him, may proceed strictly in accordance with law and unless a cognizable offence is reported and some material or evidence is produced by the complainant party, the proposed accused persons may not be unnecessarily dragged in criminal proceedings.

Petition stands disposed of in the above terms, along with the listed applications.

JUDGE

JUDGE

N.M.