C.P No. D – 3725 of 2015

 

Date

               Order with signature of Judge

 

1.    For order on C.M.A No. 12570/2015.

2.    For Katcha Peshi.

                                                                                                                                                                                                                                                                                                                                             

 

02-12-2015

 

Mr. Athar Iqbal Shaikh, advocate for the petitioner.

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

1.                     Urgency is allowed.

2.                     Through instant petition, the petitioner has impugned the order dated 16.06.2015, passed by I-Additional Sessions Judge/Justice of Peace, Ghotki in Cr. Misc. Appln. No. 1091 of 2015, whereby the application filed by the respondent No.3, U/S 22-A-6 (i) Cr.P.C. Whereby I-Additional Sessions Judge/Justice of Peace, Ghotki has issued the directions to the S.H.O P.S A-Section Ghotki to record the statement of complainant and if cognizable offence is made out, then register the F.I.R against the proposed accused.

2.         Learned counsel for the petitioner submits that from perusal of the contents of the complaint filed by the respondent No.3, under Section 23-A Cr.P.C, it can be ascertained that no cognizable offence has been reportedly by the complainant, whereas, learned Justice of Peace, Ghotki, without applying his judicious mind to the facts of the case has passed the impugned order in a mechanical manner while issuing directions to the concerned S.H.O for recording the statement of complainant, and there is likelihood that this order will be mis-used by the complainant / police and consequently, the applicant may be dragged in false criminal proceedings. It has been further stated by learned counsel for the petitioner that the complainant has already filed his own affidavit in the office to the effect that he will not get the F.I.R registered against the petitioner, however, if appropriate order may be passed, the petitioner will be saved from un-necessarily harassment by police.

3.         We have heard the learned counsel for the petitioner, perused the contents of application U/S 22-A Cr.P.C and also the order passed by the Justice of Peace, Ghotki, which reflects that neither material facts as alleged in complaint have been recorded nor preliminary inquiry regarding allegations has been made by the Justice of Peace, from the concerned S.H.O. The impugned order is sketchy in nature as it does not contain any reasons, which is violation of provisions of Section 24-A of General Clauses, Act.

4.         However, since no direction for registration of F.I.R has been given, we dispose of this petition with directions to the concerned S.H.O not to register the F.I.R, unless he is satisfied that some cognizable offence is made out, and there is some incriminating material available on record, whereas, the petitioner may not be harassed un-necessarily.

            Petition stands disposed of in above terms.

 

 

                                                                                                  Judge

 

                                                              Judge

Abdul Salam/P.A