C.P.No.D-4217 of 2015
1.
For
orders on CMA-11695/2015
2.
For
orders on CMA-11696/2015
3.
For
Katcha Peshi
4.
For
orders on CMA-11697/2015
09.11.2015
Mr. Achar Khan Gabol Advocate for petitioner.
...............
1. Granted.
2. Granted subject to all just
exceptions.
3&4.
It is, inter alia, contended by the
learned counsel for the petitioner that the respondent No.3 filed Cr.Misc.A.
No.2698/2015 under Section 22-A and 22-B, Cr.P.C before the learned Justice of
Peace with a false story for registration of FIR against proposed accused
persons, including the petitioner, on the allegation of his abduction and
release after snatching of cash amount and mobile phone on which, learned
Justice of Peace in spite of having observed that there is no specification
either of the mobile or material regarding allegations against the proposed
accused persons, has directed the concerned SHO to record the statement of the
complainant and in case some cognizable offence is made out, to register an
FIR. Per learned counsel, admittedly, there is enmity between the parties, whereas,
the petitioner purchased agricultural land from respondent No.3 through
registered sale deed whereafter, the respondent No.3 illegally dispossessed the
petitioner from portion of such land for which a direct complaint under Illegal
Dispossession Act has been field, which is pending, however, the respondent
No.3 as a counterblast registered similar false FIRs which have been disposed
of in “B” class. Per learned counsel though in the impugned order no specific
directions have been given for registration of FIR and sufficient protection
has been provided to the petitioner and proposed accused persons, however, in
view of prevailing situation in Province of Sindh particularly Sukkur Division,
where the highhandedness of the police is known to all, there is apprehension
that the impugned order will be misused and the petitioner and other proposed
accused persons, who have no criminal record and are respectable citizens, will
be dragged in false criminal case. It has been prayed that impugned order may
be set aside.
Let
pre-admission notice be issued to the respondents as well as Additional
Advocate General for 19.11.2015,
when concerned SHO shall be in attendance, in the meanwhile, police may record
the statement of the complainant, however, no formal FIR shall be registered
till next date of hearing.
JUDGE
JUDGE
N.M.