ORDER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 472 of 2016
DATE ORDER WITH SIGNAGTURE
OF HON’BLE JUDGE
1-
For orders on CMA.No.1299/2016
(U/A)
2-
For orders on CMA.No.1300/2016
(Ex.A)
3-
For KatchaPeshi.
Date
of hearing 10th. February,
2016.
Mr. Qurban Ali Kalwar,
Advocate for petitioner.
AQEEL AHMED ABBASI, J:-Through instant petition, the petitioner has
impugned order dated 29.1.2016, passed in Criminal Miscellaneous Application
No. 65/2016 by the learned Additional Sessions Judge (Hudood)/Ex-Officio
Justice of Peace, Sukkur, whereby the application filed by the petitioner under
Section 22-A & 22-B, Cr.P.C seeking directions for registration of F.I.R
against the proposed accused persons, has been dismissed.
2. Learned
Counsel for the petitioner after having readout the impugned order passed by
Ex-Officio Justice of Peace submits that the Ex-Officio Justice of Peace was
under legal obligations to issue directions for registration of F.I.R to
concerned S.H.O as a cognizable offence was reported by the petitioner. Learned
Counsel for the petitioner was directed to refer to the alleged incidence which
according to petitioner was a cognizable by police, whereby a cognizable
offence was committed by the proposed accusedpersons, in response to which the
learned counsel for petitioner referred to an alleged incidence which took
place on 25.9.2014, when according to petitioner the Ex-husband of daughter of
petitioner namely Imran along with his relatives came at the house of petitioner
and maltreated her and her family on account of matrimonial disputeof her
daughter and also caused fists blows to her husband, whereafter her husband
died. Learned Counsel for petitioner was inquired as to why such matter was not
reported to the police when such incidence took place he has candidly stated
that since there was compromise going on between the parties, according to
which the accused persons had promised, therefore, the F.I.R was not
registered.
3. We
have heard the learned Counsel for the petitioner and perused the contents of
the application filed under Section 22-A & 22-B, Cr.P.C which reflects that
the petitioner has not been vigilant either to lodge an F.I.R of the alleged
incidence or even to approach before the Ex-Officio Justice of Peace for such
purpose within a reasonable time period, whereas, the alleged incidence took
place on 25.9.2014. It appears that the learned Ex-Officio Justice of Peace
after conducting preliminary enquiry formed an opinion that in view of some
matrimonial dispute between the parties the petitioner has attempted to involve
the proposed accused in a false case, hence dismissed the application through
impugned order. We may observe that the authorities vested with the Ex-Officio
Justice of Peace under Section 22-A& 22-B, Cr.P.C requires him to examine
the contents of the complaint brought before him and in case a cognizable
offence is reported to issue directions to the concerned S.H.O for recording
the statement of the complainant and if cognizable offence is made-out to
register the case U/s 154 or 155, Cr.P.C, as the case may be. However, such
directions cannot be issued in a mechanical manner on each and every complaint
brought before the Ex-Officio Justice of Peace under Section 22-A & 22-B,
Cr.P.C, as it will not amount to increase the false and frivolous criminal litigations, but will also increase scoreless persons to settle their
disputes by creating harassment to innocent citizens at the hands of police. We
have observed that the tendency of filing frivolous applications under Section
22-A & 22-B, Cr.P.Chas recently increased, whereas orders passed by the
Ex-Officio Justice of Peace, directing the S.H.O for recording the statement of
complainant and in case of any cognizable offence reported for proceeding in
accordance with law, are being misused. In view of herein above facts and
circumstances of the case, we do not find any error in the impugned order
passed by Ex-Officio Justice of Peace, whereas, the petitioner has miserably
failed to refer any connecting material which may support the allegations as
contained in the application filed under Section 22-A & 22-B, Cr.P.C, and
requires interference by this Court under its constitutional jurisdiction.
Accordingly, instant petition was dismissed in limine vide our short order
dated 10.2.2016 these are the reasons for such short order.
JUDGE
JUDGE
A.R.BROHI