C.P.No.D-4687 of 2015

1. For orders on CMA-13154/2015

2. For orders on CMA-13155/2015

3. For Katcha Peshi

22.12.2015

Mr. Anwar Ali Lohar for the petitioners.

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

Through instant petition, the petitioner has impugned order dated 15.12.2015 passed by learned Sessions Judge/Justice of Peace, Ghotki, in Cr.Misc.A. No.2342/2015, whereby on the application filed on behalf of respondent under Section 22-A, Cr.P.C, order has been passed directing the concerned SHO to record the statement of the complainant and if cognizable offence is made out then such FIR be lodged.

Learned counsel for the petitioner submits that the allegations, as contained in the application filed under Section 22-A, Cr.P.C, besides being false and frivolous, do not refer to any cognizable offence, whereas, there are two FIRs already registered by the petitioner against the complainant party and as a counterblast the aforesaid application was filed, which is liable to be dismissed, however, Justice of Peace has passed the impugned order and there is likelihood that such order will be misused and police will record false FIR against the petitioner to cause serious humiliation and injury to his reputation. It is further contended by the learned counsel for the petitioner that complainant has also filed contempt application before the Justice of Peace in order to pressurize the learned Justice of Peace so that further direction be issued to the SHO to lodge the FIR.

We have heard learned counsel for the petitioner, perused the contents of application under Section 22-A, Cr.P.C and the impugned order.

From perusal of impugned order, prima facie, it appears that no directions have been issued to the SHO for registration of FIR, who has been merely directed to record the statement of the complainant and in case cognizable offence is reported, only then to register FIR. However, it has been observed that such orders passed by the Justice of Peace, as a matter of routine without proper application of mind to the contents of the application filed under Section 22-A, Cr.P.C, without any preliminary enquiry, are sometimes misused by the complainant party and the police and innocent parties are dragged in false criminal cases. Keeping in view the concern expressed by the learned counsel for the petitioner, we will dispose of instant petition with directions to the concerned SHO to ensure that unless some cognizable offence is reported and there is some, prima facie, material available on record, which may connect the petitioner with alleged crime, false FIR may not be registered, whereas, in case the concerned SHO does not register the FIR on the complaint by the respondent, the respondent will be at liberty to file direct complaint, in accordance with law.

Petition stands disposed of along with listed applications.

JUDGE

JUDGE

N.M.