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