C.P.No.D-3758  of  2015

 

1.    For orders on CMA-10511/2015

2.    For orders on CMA-10512/2015

3.    For Katcha Peshi

 

15.10.2015

 

Mr. Nazir Ahmed Junejo Advocate for petitioner.

                                    .................

1.                     Granted.

2.                     Granted subject to all just exceptions.

3.                     Through instant petition, the petitioner has impugned the order available at page 19 as annexure “A”, whereby on an application filed by respondent No.3 under Section 22-A, Cr.P.C for registration of FIR, following order has been passed:

 

 

“Let the statement of applicant/petitioner be recorded and if the cognizable offence is made out then his complaint may be recorded.”

 

 

            Learned counsel for the petitioner submits that in respect of a civil dispute between the parties, the respondent has mala fidely approached the learned Justice of Peace to drag the petitioner in criminal proceedings, whereas, according to learned counsel for the petitioner, the petitioner has already paid the outstanding amount to the respondent. It is further contended that there is apprehension that impugned order may be misused by the complainant and the police and requests that the impugned order may be set aside.

 

            From perusal of impugned order passed by the learned Justice of Peace, it appears that no direction for registration of FIR has been issued to the concerned SHO, who has only been directed to record the statement of the complainant and in case a cognizable offence is made out then to proceed in accordance with law. However, looking at the recent trend and misuse of section 22-A, Cr.P.C, by the complainants and police, the apprehension expressed by the learned counsel for the petitioner is not without substance. Accordingly, we will dispose of instant petition with direction to the concerned SHO to examine the facts and the material which may be produced by the complainant with independent prudent mind and unless a cognizable offence is made out and there is some tangible material available on record connecting the present petitioner with the alleged offence, shall not register the FIR in a mechanical manner.

 

            Petition stands disposed of in the above terms.

 

 

 

 

                                                                                JUDGE

 

 

                                                JUDGE

 

N.M.