ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D – 465 of 2016

 

Date

               Order with signature of Judge

 

1.    For order on C.M.A No. 1268/2016.

2.    For order on C.M.A No. 1269/2016.

3.    For Katcha Peshi.

4.    For order on C.M.A No. 1270/2016.

 

10-02-2016

 

Mr. Shakeel Ahmad Kalwar, advocate for the petitioner.

.-.-.-.-.-.-.-.-.-.-.-.-.

1.                     Urgency application is granted.

2, 3. & 4.         Through instant petition, the petitioner has impugned the order dated 20.01.2016 passed by learned IInd-Additional Sessions Judge/Justice of Peace, Sukkur in Cr. Misc. Appln. No. 1066/2015, whereby an application filed by the respondent No.3 U/S 22-A & 22-B Cr.P.C has been disposed of and concerned S.H.O has been directed to record the statement of applicant/complainant U/S 154 Cr.P.C and in case a cognizable offence is made out to take action in accordance with law.

                        Per learned counsel, there is admitted dispute between the parties over landed property which is pending before the proper forums/courts, however, in order to create harassment, the respondent No.3 filed the false and fabricated application U/S 22-A and 22-B Cr.P.C before learned Justice of Peace, Sukkur, however, after lapse of about six months of the alleged incident. Per learned counsel, the petitioner never caused any harassment or issued any threats to the respondent No.3 as alleged, whereas concerned S.H.O also submitted report to this effect, wherein it has been stated that no such incident took place and inspite of such fact, the impugned order has been passed instead of dismissing such application. Per learned counsel, though no specific directions have been issued for lodging the F.I.R, however, there is apprehension that impugned order may be mis-used by the complainant and police by lodging F.I.R against the petitioner which may cause serious prejudice and injury to the petitioner.

            We have heard the learned counsel for the petitioner, perused the impugned order and material placed on record.

            It appears that Justice of Peace has passed the impugned order merely by issuing the directions to the concerned S.H.O to record the statement of complainant and in case of a cognizable offence to proceed in accordance with law, whereas, there are no directions with regard to the registration of F.I.R. Accordingly, we dispose of the petition with the directions to the concerned S.H.O to record the statement of complainant and examine the allegations with due care, and only, if there is some cognizable offence reported and there is sufficient material/evidence to connect the petitioner with alleged offence, the petitioner may not be implicated in false case.

            The instant petition stands disposed of in above terms along with listed applications.  

 

 

                                                                                                  Judge

 

                                                              Judge

Abdul Salam/P.A