ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P
No. D- 3354 of 2014.
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
For
katcha Peshi.
(Counsel for petitioner not filed
amended tile as per Court order
dated 06.07.2015 & notice not
issued to newly added proposed accused)
Present:
Mr.Justice Aqeel Ahmed Abbassi &
Mr.Justice Ghulam Qadir Leghari.
Date of hearing: 17.02.2016
Mr.Ghulam Murtaza
Memon, Advocate for petitioner.
Mr. Sajjad Ahmed Zangejo Advocate for
proposed accused.
Mr. Shafique Ahmed Leghari, State Counsel.
O R D E R
Aqeel Ahmed Abbassi
J. Through instant
petition, petitioner has impugned order dated 24.05.2014 passed by Additional
Sessions Judge (Hudood)/
Ex-Officio Justice of peace, Sukkur, in Cr.Misc. Application No. 492 of 2014, whereby an
application filed by petitioner under section 22-A (6) (1) Cr.P.C
seeking directions for registration of F.I.R against proposed accused, has been
dismissed.
Learned
counsel for applicant submits that the impugned order passed by Justice of peace is liable to be set aside, as the Justice of
peace was under obligation to direct the concerned S.H.O to register F.I.R
against proposed accused persons for the offences stated in the application
under section
22-A Cr.P.C.
Notices were issued,
pursuant to which Mr. Sajjad Muhammad Zangejo Advocate filed Vakalatnama
on behalf of proposed accused and raised an objection with regard to
maintainability of instant petition on the ground that the impugned order does
not suffer from any error or illegality as no cognizable offence was committed
by the proposed accused persons. On the contrary the petitioner on account of
admitted enmity filed frivolous application under section 22-A Cr.P.C which has rightly been dismissed by the Justice of
peace through impugned order. Learned counsel further submits that earlier an
F.I.R was got registered by the husband
of petitioner in respect of same alleged offence which was disposed of
in B Class, whereas petitioner also got registered another F.I.R bearing No.85/2013
against the proposed accused which has also been disposed of in B Class. It
has been prayed that the instant petition may be dismissed with costs.
We have heard learned
counsel for the parties, perused the record and impugned order passed by
Justice of Peace in the instant case. It will be advantageous to reproduce the
relevant findings of the learned Additional Sessions Judge (Hudood)/Ex-Officio
Justice of peace, Sukkur, which is self-explanatory
on the subject controversy , which reads as follows:
Since from perusal of record as well
as report of S.H.O police station B Section Sukkur,
it reveals that he in his report has reported that prior to this application
one Mailap Mal, the husband of applicant had lodged
F.I.R bearing crime No.73/2012 under section 337-F(i), 506(2) PPC P.S. Sorah, District Khairpur, against
the proposed accused, same was disposed of under B Class, such Karwai No.01/2012 U/S 211, 182 PPC submitted by the I.O
before the Court of law, thereafter applicant Sata Bai has also got registered her F.I.R bearing crime
No.85/2013 under section 354-A, 452, 506(2) PPC on the above said P.S, same was
also disposed of under B Class, thereafter, applicant also approached to
Honourable High Court of Sindh, Sukkur and then she
appeared before this Court. The S.H.O further reported in his report that there
is dispute going on between both parties over a plot, no any offence has been
taken place, it is crystal clear that applicant in order to take revenge from
the proposed accused, wants to drag them only to put pressure, harass,
humiliate upon the proposed accused, as there is civil nature dispute in
between the applicant and the proposed accused over a plot and applicant
concocted false story wants to involve in a criminal case, hence, application
in hand is meritless, same is dismissed accordingly. I have been benefited from
below case laws of Honourable Superior Courts viz. 2013 YLR page 581(Sindh),
2013 P.Cr.L.J 553, PLD 2005 Karachi Page 621, MLD
2008 PAGE 1142, P.Cr.L.J 2009 page 138, P.Cr.L.J 2009 page 374 and P.Cr.L.J
2009 page 387, 2008 YLR 2301(Lahore), 2013 P.Cr.L.J
page 117 Placitum a & c, 2012 P.Cr.L.J page 180.
From
perusal of hereinabove, it appears that petitioner intends to falsely implicate
the proposed accused persons in an offence, which prima facie is not cognizable
by the police, whereas, the petitioner has already sought remedy before the appropriate
forum. However, having failed to achieve desired results, filed frivolous
application before Justice of peace under section 22-A Cr.P.C,
which has rightly been dismissed through impugned order. We may observe that
the authority vested in Justice of peace under section 22-A Cr.P.C
requires him to examine the allegations with due care and if it attracts to his
prudent mind that a cognizable offence has been committed, only then such directions
can be issued to the concerned S.H.O for recording statement of the complainant
under section 154 or 155 Cr.P.C, as the case may be,
whereas, Justice of peace is not required to issue directions for registration
of F.I.R on each complaint in a mechanical manner, without applying his
judicious mind to the facts of the case. We do not find any merit in the instant
petition, whereas, no material whatsoever has been placed on record to support
the allegations as contained in the application filed under section 22-A Cr.P.C. Moreover the petitioner was at liberty to file
direct complaint in respect of alleged offence shown in the application under
section 22-A Cr.P.C which appears to have not been
availed by the petitioner in the instant case. Accordingly, instant petition
was dismissed vide our short order dated 17.02.2015 and above are reasons of
such short order.
J U D G E
`
Irfan/PA J U D G E