ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

C.P No. D- 3350 of 2015

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

1. For Katcha Peshi.

2. For hearing of CMA No.9398/2015.

07.10.2015.

Mr. Imtiaz Ali Malano Adv. a/w petitioner ASI Mohammad Aslam Chachar.

Mr. Zulfiqar Ali Sangi AAG and Mr. S. Sardar Ali Shah APG a/w Insp. Rahim Bux SHO P:S Adilpur District Ghotki.

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Through instant petition, petitioner has impugned order dated 07.09.2015 passed by Ist Additional Sessions Judge/Justice of Peace, Ghotki in Crl. Misc. application No.1673/2015, whereby the application filed by respondent No.3 under Section 22-A r/w 22-B Cr.P.C for registration of the FIR against the petitioner has been disposed of in the following terms;

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

Learned Counsel for the petitioner submits that the application under Section 22-A r/w 22-B Cr.P.C contains false and frivolous allegations whereas, pursuant to an FIR No. 66/2015 registered at Police Station, Adilpur regarding murder of Mst. Arbab Khatoon who was declared as ‘Kari’ and an FIR was registered by State through present petitioner ASI Mohammad Aslam Chachar, whereafter his further statement was recorded U/s 162 Cr.P.C and he has nominated the respondent No. 3 along with co-accused persons therefore, according to learned Counsel in order to pressurize the petitioner the respondent No.3 has filed an application for registration of FIR before Justice of Peace which is liable to be dismissed.

Notices were issued, pursuant to which SHO Police Station Adilpur has filed statement along with annexures whereas, Mr. Abdul Rehman Kakhrani advocate has filed Vakalatnama along with objections/Counter-affidavit on behalf of respondent No.3, which are taken on record. The facts stated by the learned Counsel for the petitioner have not been controverted in the comments filed by the concerned SHO as well as learned Counsel for the respondent, however, he submits that the respondent No.3 has been falsely implicated in the aforesaid FIR whereas, cognizable offence has been committed by the petitioner who raided the workshop of the respondent and snatched valuable articles. We have heard learned Counsel for the petitioner and respondent and examined the record and on tentative assessment of the record it appears that the order passed by Justice of Peace though does not contain reasons, however, the SHO has been directed to record the statement of the petitioner and if cognizable offence is made out to take action in accordance with law. We are not inclined to examine the veracity of allegations as contained in the application filed by the respondent No.3 under Section 22-A r/w 22-B Cr.P.C, for the reason that it is the duty of concerned SHO to examine such facts and by adopting legal course to dispose of the complaint in accordance with law either by lodging an FIR if cognizable offence is made out and some concrete material is available to connect the proposed accused with alleged crime, or to dispose of the complaint if no cognizable offence is made out.

Accordingly, instant petition is disposed of with directions to concerned SHO to record the statement of respondent and if a cognizable offence is made out and some concrete material is available on record to connect the proposed accused with alleged crime, he may take action in accordance with law and if no cognizable offence is made out and no concrete material is collected he may dispose of the same in accordance with law.

It may be observed that Justice of Peace, Ghokti may dispose of the contempt applications, keeping in view the order passed by this Court in the instant petition.

J U D G E

J U D G E

Ihsan.