ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        2986   of 2015.

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For orders on CMA.No.8390/2015 (Ex.A)

2-     For Katcha Peshi.

 

02nd. November, 2015.

 

                        Mr.  Shaikh Amanullah, Advocate for petitioner.

 

                        Through instant petition, petitioner has impugned the order dated 14.7.2015 passed by learned 3rd. Additional Sessions Judge/Ex-Officio Justice of Peace, Mirpur Mathelo whereby, the Application filed U/s 22-A (6) (i), Cr.P.C by the petitioner for registration of F.I.R against proposed accused persons, has been dismissed. It has been observed by the learned Justice of Peace that complaint contains false allegations, whereas, it has been further observed that the applicant is in the habit of filing frivolous applications, against innocent persons including the proposed accused persons, who have already lodged an F.I.R No.13 of 2015 at Police Station, Jarwar U/s 324, 114, 147, 148 PPC against the present petitioner and others, whereas, the allegations are in fact a counter blast to said F.I.R. While dismissing the application, learned Justice of Peace has also imposed cost of Rs.10,000/- (Rupees Ten Thousand) upon the petitioner to be paid to the proposed accused.

                        We have heard the learned Counsel for petitioner and perused the record and the impugned order with the help of learned Counsel for petitioner who submits that atleast cost imposed upon the petitioner may be deleted as the same has been imposed without lawful authority. Perusal of record reflects that after having taken stock of the material available on record, the application filed by the applicant has been dismissed by assigning reasons which prima-facie do not suffer from any error or illegality, hence the order does not require any interference by this Court. Moreover, the applicant has remedy to file direct complaint U/s 200, Cr.P.C before same learned Judge regarding the alleged incidence, which remedy has not been availed by the petitioner without any valid reasons. The scope of Section 22-A, Cr.P.C has already been defined by this Court in number of cases in which it has been held that the office of justice of peace is not a post office where directions shall be made for registration of F.I.R in a mechanical manner, without applying prudent mind in a judicious manner to the nature of allegations and the material in support thereof produced or procured through summary investigation. Cognizance can be taken only in case of a cognizable offence reported and the connecting material and not in respect of non-cognizable offences of civil nature or on the basis of false and vogue allegations to drag innocent persons in false criminal cases.

                        Accordingly instant petition being devoid of any merits is hereby dismissed along with listed application However, while dismissing the instant petition, we would delete the costs of Rs.10000/- imposed by the learned Justice of Peace on the petitioner to be paid to proposed accused.

 

            JUDGE

JUDGE

 

A.R.BROHI