ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        4327   of 2015

 

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For orders on CMA.No.12131 of 2015 (U/A)

2-     For orders on CMA.No.12132 of 2015 (Ex.A)

3-     For Katcha Peshi.

4-     For orders on CMA.No.12133/2015 (Stay)

 

19th. November, 2015.

 

                        Mr. Mushtaque Ahmed Shahani, Advocate for petitioner.

 

 

                        Through instant petition, the petitioner has impugned order dated 12.11.2015 passed by learned Additional Sessions Judge (H)/Ex-Officio Justice of Peace, Sukkur in Criminal Miscellaneous Application No.975of 2015 on an application filed U/s 22-A & 22-B, Cr.P.C by respondent No.2 Lal Bakhsh, whereby the learned Ex-Officio Justice of Peace has directed the concerned S.H.O to record statement of the complainant and if cognizable offence is made-out  to register F.I.R.

 

                        Learned Counsel for petitioner submits that neither such incidence occurred nor any cognizable offence was reported by the complainant to the learned Ex-Officio Justice of Peace, who has passed the impugned order without applying his independent judicious mind and failed to examine as to whether there is possibility of occurrence of such incidence. It has been further contended by learned Counsel that the application filed U/s 22-A & 22-B, Cr.P.C by respondent No.2 besides containing the false allegation as counter  blast to an F.I.R No.92/2015 registered at police station, Salehpat by present petitioner. It has been contended that impugned order may be set-aside.

                        We have heard the learned Counsel for petitioner and perused the record as well as impugned order of Ex-Officio Justice of Peace, Sukkur, which reflects that after having examined the contents of the application filed by respondent No.2 U/s 22-A & 22-B, Cr.P.C and by referring sufficient case law on the subject controversy regarding scope of section 22-A & 22-B, Cr.P.C said application has been disposed of in the following terms:-

“Keeping forth the dictum laid down by Honourable High Court of Sindh in case reported as Muhammad Waris V/s Station House Officer and another               (2014 MLD 1033), instant application was also examined minutely. The contents of the application as well as statement of the applicant expressed that the allegations leveled against the proposed accused requires investigation. In a cognizable offence S.H.O is bound under section 154, Cr.P.C to record statement and register F.I.R as held by Honourable Supreme Court of Pakistan in the case of Muhammad Bashir versus Station House Officer, Okara Cantt and others (PL D 2007 Supreme Court 539). The applicant is at liberty to appear before SHO/Duty Officer of concerned Police Station and get his statement recorded. Concerned SHO is also directed to record statement of applicant. Thereafter the said police official will form his own independent opinion in respect of crime and its falling on either clause. During investigation, if it comes on screen that present applicant without true substance registered a false crime against the proposed accused, then FIR/proceedings be initiated against the applicant U/s 182 PPC with due intimation to this office.

 

            Although, police is required to investigate all allegation of commission of cognizable offence, yet proposed accused cannot be arrested unless some tangible material becomes available to police, which can cause a reasonable suspicion of involvement of accused in offence, as laid down by the Honourable Supreme Court in case of Govt. of Sindh v/s Raeesa Farooq (1994 SCMR 1283).

 

            The instant application is disposed of in above terms.”

 

                        From perusal of herein above findings as recorded by learned               Ex-Officio Justice of Peace, Sukkur, we do not find any error in the impugned order, wherein sufficient protection has been provided to the petitioner and there are no specific directions for registration of F.I.R to the concerned S.H.O who is required to apply his prudent mind to the facts and the allegations and has to act in accordance with law, if cognizable offence is made out and there is concrete material available on record in support of such allegation. Accordingly, instant petition is dismissed in limine along with listed applications.

JUDGE

JUDGE

A.R.BROHI