C.P.No.D-4067 of 2015

1. For orders on CMA-11294/2015

2. For orders on CMA-11295/2015

3. For Katcha Peshi

4. For orders on CMA-11296/2015

29.10.2015

Mr. Shah Nawaz Waseer Advocate for petitioner.

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Through instant petition, the petitioner has impugned order dated 19.10.2015 passed by the learned Sessions Judge/Justice of Peace, Ghotki, in Cr.Misc.A. No.2114/2015 whereby on an application filed by respondent No.2 under Section 22-A, Cr.P.C, the learned Justice of Peace has directed the concerned SHO to record statement of the applicant and if some cognizable offence is made out then to register FIR. It was further directed that the proposed accused persons shall not be arrested without collection of some tangible evidence and if during investigation the allegations are found to be false, the police shall be at liberty to take action against complainant in terms of Section 182 PPC.

Learned counsel for the petitioner submits that complaint filed by respondent is palpably false and was filed as counter blast to various FIRs got registered by the petitioner against complainant party whereas, the complainant party are involved in number of criminal cases which are pending in Courts, however, in order to cause harassment and to prevent the petitioner to pursue such criminal cases, a false application was filed before learned Justice of Peace in the garb of section 22-A Cr.PC, who has passed the impugned order without conducting any inquiry or scrutiny of the facts. It has been further contended by learned counsel that in view of the prevailing situation in Province of Sindh particularly Sukkur Division, where, animosity of police and their highhandedness is known to all, there is apprehension that police will register a false FIR against the petitioner on above allegations, which will cause serious humiliation and harassment to the petitioner who is innocent.

From perusal of impugned order it appears that the concerned SHO has been directed simply to record the statement of the complainant and if cognizable offence is made out and there is some concrete material connecting the proposed accused persons with the alleged offence, only then to register FIR and proceed in accordance with law. Prima facie, it appears that the impugned order has been passed keeping in view the mandate as provided in terms of provisions of section 22-A, Cr.P.C, whereas, no directions have been issued for registration of FIR to the SHO, who is required to apply his prudent mind to the facts of each case. However, keeping in view the prevailing situation in the Province of Sindh particularly in Sukkur Division, wherein, animosity of the police and their highhandedness is being complained by public at large, the apprehension of the petitioner of his false implication in a criminal case cannot be ruled out.

Accordingly, we will dispose of instant petition with directions to the concerned SHO that while recording the statement of the complainant he shall apply his prudent mind to the facts and the allegations levelled by the complainant, and in case a cognizable offence is made out, and there is some concrete material connecting the proposed accused persons with the alleged offence, only then, he shall register the FIR. However, during investigation, unless there is some material against the petitioner and the proposed accused persons, nominated therein, they shall not be arrested.

Petition stands disposed of in the above terms, along with the listed applications.

JUDGE

JUDGE

N.M.