ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P
No. D- 614 of 2016.
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1. For orders on CMA 1649/2016.
2. For katcha Peshi.
Present:
Mr.Justice Aqeel Ahmed Abbasi &
Mr.Justice Ghulam Qadir Leghari.
22.02.2016
Mr. Habibullah Chandio, Advocate for petitioner.
Mr. Shafique Ahmed Leghari State
Counsel.
O R D E R
Aqeel Ahmed Abbasi
J. Through instant
petition, petitioner has impugned order dated 22.01.2016 passed by Additional
Sessions Judge /Ex-Officio Justice of peace, Kandiaro, in Cr. Misc. Application No. nil of 2016, whereby
an application filed by petitioner under section 22-A & 22-B Cr.P.C seeking directions for registration of F.I.R against
proposed accused, has been dismissed.
Learned
counsel for petitioner, submits that since the cognizable offence has been committed,
therefore, Justice of peace was required to issue directions for registration
of F.I.R against proposed accused persons for the offences stated in the
application under section 22-A & 22-B Cr.P.C.
We have heard learned
counsel for the parties, perused the record and impugned order dated 22-01.2016
passed by Justice of Peace in the instant case, which reflects that pursuant to registration of F.I.R
No.14/2016 under section 9 (c) CNS Act, registered against the cousin of
petitioner namely Mukhtiar Ali, application under Section 22-A r/w section 22-B
Cr.PC has been filed for implicating the police officials.
Nothing has been brought on record to support the allegations as contained in
the application filed under section 22-A & 22-B Cr.P.C,
whereas petitioner or the aggrieved person was at liberty to file direct
complaint in respect of alleged offences shown in the application under section
22-A & 22-B Cr.P.C which remedy has not been availed
by the petitioner or the actual aggrieved person in the instant case who is
reportedly on bail in the above Narcotics crime.
Accordingly,
we do not find any error in the impugned order dated 22.01.2016 passed by Additional
Sessions Judge/Justice of peace Kandiaro, who is
competent to pass appropriate order (s) on such applications filed under
Section 22-A and 22-B Cr.PC, after application of
mind in a judicious manner, whereas, Justice of Peace cannot pass an order for
registration of F.I.R in a mechanical manner, without application of a prudent
mind through a reasoned judgment. Accordingly, instant petition is dismissed, however, the petitioner or the aggrieved person
may seek further remedy in accordance with law.
J U D G E
`
Irfan/PA J U D G E