ORDER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt: Petition No.D- 3016 of 2015
DATE ORDER WITH SIGNAURE OF
HON’BLE JUDGE
1-
For orders on CMA.No.8478/2015
(U/A)
2-
For orders on CMA.No.8479/2015 (Ex.A)
3-
For Katcha
Peshi.
09th.
November, 2015.
Mr. Muhammad Hamzo Buriro, Advocate for
petitioner.
Through
instant petition, the petitioner has impugned the order dated 20.6.2015 passed
by learned Additional Sessions Judge / Justice of Peace, Kandiaro
in Criminal Miscellaneous Application No. 1478 of 2015, whereby an application
U/s 22-A & 22-B, Cr.P.C, filed by petitioner for
registration of F.I.R against proposed accused persons, has been dismissed,
with the observations that no cognizable offence has been made-out as alleged
and there is admitted dispute between the parties over land, therefore, it has
been observed that the applicant is at liberty to file direct complaint, if so
desires.
Learned
Counsel for petitioner submits that the proposed accused persons are causing
continuous harassment, whereas, the petitioner is not being allowed to visit
his lands and illegal amount is being demanded by the proposed accused PC Allahindo Khan S/o Muhammad Siddique,
whereas, threats are being issued by the proposed accused that in case of
failure, they will kidnap the son of the petitioner. It has been prayed that
the impugned order may be set-aside and concerned S.H.O may be directed to
register F.I.R against the proposed accused persons.
We
have heard the learned Counsel for the petitioner and perused the impugned
order passed by learned Justice of Peace, which reflects that there is some
dispute between the parties over some land, whereas, from perusal of the
contents of application U/s 22-A & 22-B, Cr.P.C,
it further appears that except allegation of issuing threats by the proposed
accused persons, the occurrence of any cognizable offence has not been shown.
Learned Justice of Peace after obtaining comments from concerned S.H.O has
reached to the conclusion that the allegations are baseless and do not refer to
any cognizable offence, whereas, it has been further observed that the
petitioner may file direct complaint in respect of the same allegations before
the concerned Magistrate. There is no cavil to the proposition that, if a
cognizable offence is reported the concerned police is required to record the
statement and lodge an F.I.R of the incidence against the proposed accused
persons, however, at the same time, it is mandated under the law that the
concerned police officer shall not
operate in a mechanical manner to register an F.I.R without applying his
prudent mind to the facts and allegations as contained under such statement, so
that false cases may not be registered against innocent persons. Similarly, the
authority as vested in terms of Section U/s 22-A & 22-B, Cr.P.C also
authorizes the learned Justice of Peace to examine the allegations as contained
in such application and after applying his judicious mind to the facts of the
case and by examining the material available on record, pass appropriate
orders, either directing the concerned
S.H.O to record statement of the complainant and in case a cognizable offence is made out and there is
some connecting material, only then to lodge the F.I.R in accordance with law,
or to refuse to issue such directions to the concerned S.H.O and dismiss the
application U/s 22-A & 22-B, Cr.P.C, if no
cognizable offence is reported and there is no material supporting such
allegations, particularly, in cases where civil disputes are converted into
criminal disputes with malafide intention in order to
drag the innocent persons into false criminal cases. Keeping in view herein
above facts and circumstances of this case, prima-facie, we do not find any
error in the impugned order of the learned Justice of Peace, who has exercise
discretion vested in him properly on the basis of material available on record,
whereas, no material whatsoever has been placed before this Court which may
suggest that some cognizable offence has been made which may require registration
of an F.I.R. Accordingly, we do not find any substance in the instant petition,
which is dismissed in limine along with listed
applications. However, petitioner is at liberty to file direct complaint in
terms of Section 200, Cr.P.C before the same Magistrate
in respect of the allegations as contained in the application U/s 22-A &
22-B, Cr.P.C, which shall be decided strictly in
accordance with law. Petitioner is also at liberty that in case of misuse of
authority by proposed accused PC Allahindo Khan, the petitioner
may approach the concerned S.S.P who shall examine the complaint of the
petitioner and after providing an opportunity, may pass appropriate orders in
accordance with law.
JUDGE
JUDGE
A.R.BROHI