C.P.No.D-2948 of 2015
1.
For
orders on CMA-8281/2015
2.
For
orders on CMA-8282/2015
3.
For
Katcha Peshi
4.
For
orders on CMA-8283/2015
19.08.2015
Mr.
Ghulam Mujtaba Jakhar for the petitioner.
................
1. Granted.
2. Granted
subject to all just exceptions.
3&4. Through
instant petition the petitioner has impugned order dated 04.08.2015, passed by
learned Additional Sessions Judge, Gambat, on the ground that the petitioner is
being falsely implicated by the complainant party on the allegation of murder of
her husband in a fake police encounter. It will be
advantageous by reproducing order passed by the learned Additional Sessions
Judge, Gambat under Section 22-A Cr.PC.
“Heard learned
counsel for the petitioner, applicant Mst. Asia Bibi Dahar in person. Ld. DDPP for the State and perused the contents of this
Misc. application and relied upon the case law reported in 2005 PLD 621
Karachi.
I have carefully perused the application and
examined all the relevant provisions of law regulating the subject; it is the
duty of the SHO to record the statement of the applicant in case cognizable
offence is made out, in terms of 154, Cr.P.C but SHO has failed to perform his
statutory duty. Therefore, I directed the SHO, PS, Ranipur to record the
statement of applicant in her verbatim, if cognizable offence is made out, then
to register the FIR against the proposed accused, if, cognizable offence is
made out, then mention such entry in daily diary of PS and copy of such entry
be sent to the concerned Magistrate. Moreover, the accused are prima facie
involved in the commission of offence then to arrest and challan them. During
investigation if it appears that the allegations leveled by the applicant
against the accused are false and baseless and she has lodged false FIR with
ulterior motive just to pressurize the accused to compel them to accept her
terms and conditions then proceedings u/s 182 PPC be initiated against her. The
SHO of concerned PS is directed that compliance be reported to this Court
within 07 days. Application stands disposed of accordingly”.
From
the perusal of aforesaid order it appears that the learned Judge being
cognizant of the authority available under section 22-A Cr.PC and the judgments
of Hon’ble Supreme Court as referred in the impugned order has passed the
appropriate order providing sufficient protection to the accused nominated
therein hence the impugned order does not suffer from any illegality or error
which may require any interference by this Court under the constitution jurisdiction.
However; in case any adverse action by the police at the instant of complainant
or violation of any legal procedure during investigation petitioner will be at
liberty to file appropriate proceeding in accordance with law.
While
confronted such position learned counsel
for the petitioner does not press this petition, however, submits that the concerned police may be directed to conduct
themselves strictly in accordance with law and to ensure that in case of false
implication of the petitioner at the instance of complainant appropriate action may be taken against the
complainant. Accordingly, instant petition is dismissed as not pressed.
JUDGE
JUDGE
N.M.