C.P.No.D-4734 of 2015

1. For orders on CMA-13282/2015

2. For orders on CMA-13283/2015

3. For Katcha Peshi

22.12.2015

Mr. Imdad Ali Malik Advocate for the petitioner.

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

1.          Granted.

2. Granted subject to all just exceptions.

3. Through instant petition, the petitioner has impugned order dated 12.12.2015 passed by learned Sessions Judge/Justice of Peace, Sukkur, in Cr.Misc.A. No.1368/2015, whereby on the application filed on behalf of petitioner under Section 22-A, Cr.P.C, for registration of FIR against proposed accused persons, has been dismissed.

Learned counsel for the petitioner submits that cognizable offence was reported, therefore, it was the duty of the Justice of Peace to issue directions for registration of FIR, whereas, in the instant case, the Justice of Peace instead of issuing such direction has dismissed the application of the petitioner by observing that it contained false and frivolous allegations. Per learned counsel, in view of recent judgment of the Hon'ble Supreme Court on the subject, the learned Justice of Peace was required to at least issue directions to the concerned SHO to record the statement of the petitioner and if a cognizable offence is made out then to register the FIR in accordance with law, whereas, in the instant case on extraneous grounds application filed by the petitioner has been dismissed. In support of his contention, learned counsel for the petitioner has placed reliance on the case of Haider Ali and another v. DPO Chakwal and others (2015 SCMR 1724).

Let notice be issued to the respondents, proposed accused persons as well as DPG for a date to be fixed by the office after two weeks.

JUDGE

JUDGE

N.M.