C.P.No.D-1474 of 2016

1. For orders on CMA-4084/2016

2. For orders on CMA-4085/2016

3. For Katcha Peshi

4. For orders on CMA-4086/2016

13.04.2016

Mr. Shabir Ali Bozdar advocate for petitioners.

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Through instant petition, the petitioners have impugned the order dated 07.04.2016 passed by the Sessions Judge/Justice of Peace, Ghotki, in Cr.M.A. No.618/2016, whereby on the application filed by respondent No.3 under Section 22-A, Cr.P.C, the learned Justice of Peace while allowing application under Section 22-A, Cr.P.C, directed the respondent No.3 to appear before SHO for recording his statement and in case cognizable offence is made out then to register FIR.

Learned counsel for the petitioners submits that the respondent No.3 is a criminal type of person, against whom the complaint was filed by the petitioner before concerned SSP for having usurped the amount of the petitioner and the respondent No.3 in retaliation filed the above application with false and frivolous allegations, which has been entertained and impugned order has been passed. Learned counsel for the petitioners submits that there is apprehension that the police may misuse the order and petitioners may be involved in false criminal case.

We have heard learned counsel for the petitioners, perused the record and the impugned order passed by the learned Justice of Peace in the instant case, which reflects that no directions have been issued to the concerned SHO for registering an FIR against the proposed accused persons, on the contrary, directions have been issued to the respondent No.3 to approach the concerned SHO, who may record the statement of the respondent No.3 and in case a cognizable offence is made out only then such FIR may be registered. We are of the opinion that learned Justice of Peace has the jurisdiction to entertain such application under Section 22-A, Cr.P.C, by accepting such application and issuing direction to the concerned SHO for recording the statement of the complainant and in case a cognizable offence is reported only then to register FIR, whereas, such application can also be dismissed if the Justice of Peace is of the opinion that neither any cognizable offence is reported nor the complainant has any material to support such application. We do not find any error in the impugned order passed by the learned Justice of Peace, Ghotki in the instant case, however, we will dispose of instant petition with direction to the concerned SHO that while recording statement of the respondent, he should apply prudent mind to the allegations and unless a cognizable offence is made out and there is some concrete material available to support such allegation, not to register FIR unnecessarily just to harass or cause humiliation to the proposed accused persons.

Petition stands disposed of along with listed applications.

JUDGE

JUDGE

N.M.