C.P No. D – 3715 of 2015

 

Date

               Order with signature of Judge

 

1.    For order on C.M.A No. 10397/2015.

2.    For order on C.M.A No. 10398/2015.

3.    For Katcha Peshi.

                                                                                                                                                                                                                                                                                                                                             

 

14-10-2015

 

Mr. J.K. Jarwar, advocate for the petitioner.

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

1.                     Urgency is allowed.

2. & 3.            Through instant petition, the petitioner has impugned the order dated 06.10.2015, passed by II-Additional Sessions Judge/Justice of Peace, Sukkur in Cr. Misc. Appln. No. 1119 of 2015, whereby the application filed by the respondent No.2 U/S 22-A & 22-B Cr.P.C for lodging the F.I.R against the proposed accused persons, has been disposed of in the following directions.

“Heard learned counsel for the applicant and learned counsel for the proposed accused and perused the papers.

Concerned S.H.O is directed to record the statement of applicant, if cognizable office is made out within his jurisdiction, he should take action according to law, if during investigation version of the applicant/ complainant become false, then action be taken against the applicant/complainant according to law.

S.H.O further directed not to arrest, humiliate, and harass any person till the tangible evidence come on record, application allowed/disposed off accordingly.”

 

            From perusal of order passed by the learned II-Additional Sessions Judge/Justice of Peace, Sukkur, it appears that no directions for registration of F.I.R have been issued to the S.H.O but to record the statement of applicant and if cognizable offence is made out and concrete material against the proposed accused only then proceed in accordance with law.

            Prima facie there seems no error in the impugned order, which appears to have been passed keeping in view the scope of Section 22-A and 22-B Cr.P.C. However, learned counsel for the petitioner has expressed his apprehension that police will misuse such orders passed by learned Justice of Peace as according to learned counsel, in most of the cases frivolous F.I.Rs are registered in a mechanical manner, which not only create harassment to the innocent persons but increases the burden of courts in fake and baseless cases. Such apprehension of the learned counsel for the petitioner, keeping in view the prevailing situation in the Province of Sindh, and mis-use of provisions of Section 22-A Cr.P.C by litigants and the police is not without substance as we have been observing with concern that the forum of justice of peace in respect of authority vested in terms of Section 22-A & B Cr.P.C is being misused by the litigant parties as well as by the police which has multiplied the false and frivolous criminal cases in courts.

            Accordingly, we dispose of this petition with directions to the concerned S.H.O to ensure that the order passed by the learned Justice of Peace shall be understand in its letter and spirit, and will not be used as a tool to cause harassment or to drag the petitioner in frivolous criminal proceedings. However, if there is some concrete material or tangible evidence supporting the allegations of the complainant, regarding commission of a cognizable offence, only legal proceedings may be initiated against the proposed accused in accordance with law.

            Instant petition is disposed of in view of above terms along with listed application.

                                                                                                  Judge

 

                                                              Judge

Abdul Salam/P.A