ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P
No. D- 1683 of 2016.
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1. For orders on office objection at Flag
‘A’
2. For orders on CMA 4658/2016 (U/A)
3. For orders on CMA 4659/2016 (Ex)
4. For katcha Peshi.
5. For orders on CMA 4660/2016 (stay)
27.04.2016
Mr.
Ch. Shahid Hussain Rajput advocate for petitioner.
...............
Through instant
petition, the petitioner has impugned order dated.16.04.2016 passed by learned
Sessions Judge/Justice of peace Ghotki, in Cr. Misc. Application No. 844 of
2016, whereby, on an application filed by respondent No.3 under section 22-A & 22-B
Cr.P.C, Justice of peace Ghotki, has
directed the respondent No.3 to approach before concerned S.H.O for recording
of his statement and if cognizable offence is made out, then such F.I.R be
registered.
Learned counsel for the
petitioner submits that the allegations as contained in the application under
section 22-A B Cr.P.C besides being false and frivolous are tainted with malice,
whereas, the petitioner had lodged a F.I.R
No.
02/2016 at Police Station Sarhad, about the murder of his wife, in which F.I.R,
the close relatives of respondent No.3 have been nominated, therefore,
according to learned counsel, in order to create harassment and to prevent
petitioner from pursuing the above F.I.R, the respondent No.3 has filed a
frivolous application under section 22-A B Cr.P.C, which is liable to be
dismissed as no such incidence took place.
We have heard the
learned counsel and perused the record.
The attention of the learned counsel for petitioner was drawn to the impugned
order, whereby, learned Justice of peace Ghotki has merely directed the
respondent No.3 to approach the concerned S.H.O, whereas, the S.H.O has been
directed to record his statement and in case cognizable offence is made out
only then to register an F.I.R, whereas, there are no directions for
registration of F.I.R on the basis of allegations as contained in the
application under section
22-A B Cr.P.C which reflects that concerned S.H.O will apply his prudent mind
to the allegations and only in such situation when a cognizable offence is made
out and there is concrete material available on record to connect the
petitioner with alleged offences, no F.I.R may be registered. Learned counsel for the petitioner submits
that there is apprehension that such order will be misused by the respondent
No.3 and police and harassment will be caused, whereas, there is apprehension that under the garb of
aforesaid order, the petitioner will be involved in false criminal case which will
cause serious injury to the petitioner.
We have heard learned
counsel for the petitioner, perused the impugned order passed by learned
Sessions Judge/Justice of Peace Ghotki in the instant case with the assistance
of learned counsel for petitioner. The
contention of learned counsel to the extent that learned Justice of peace would
have applied his prudent mind to the facts and after calling report and
conducting an enquiry from the concerned S.H.O about the alleged incident, is
not controverted.
In view of hereinabove
facts and circumstances of the case we will dispose of instant petition with
directions to the concerned S.H.O to ensure that unless, some cognizable
offence is made out and there is concrete material available on record to
support the allegations as contained in the application under section 22-A
Cr.P.C, the petitioner may not be harassed or dragged in false criminal case.
Instant
petition is disposed of along with listed application in the above terms.
J
U D G E
`
Irfan/PA J U D G E