ORDER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 3016 of 2015
DATE ORDER WITH SIGNAURE OF
HON’BLE JUDGE
1-
For orders on CMA.No.8478/2015
(U/A)
2-
For orders on CMA.No.8479/2015
(Ex.A)
3-
For Katcha Peshi.
09th.
November, 2015.
Mr. Muhammad Hamzo
Buriro, Advocate for petitioner.
Through
instant petition, the petitioner has impugned the order dated 20.6.2015 passed
by learned Additional Sessions Judge / Justice of Peace, Kandiaro in Criminal
Miscellaneous Application No. 1478 of 2015, whereby an application U/s 22-A
& 22-B, Cr.P.C, filed by petitioner for registration of F.I.R against
proposed accused persons, has been dismissed, with the observations that no
cognizable offence has been made-out as alleged and there is admitted dispute
between the parties over land, therefore, it has been observed that the
applicant is at liberty to file direct complaint, if so desires.
Learned
Counsel for petitioner submits that the proposed accused persons are causing
continuous harassment, whereas, the petitioner is not being allowed to visit
his lands and illegal amount is being demanded by the proposed accused PC
Allahindo Khan S/o Muhammad Siddique, whereas, threats are being issued by the
proposed accused that in case of failure, they will kidnap the son of the
petitioner. It has been prayed that the impugned order may be set-aside and
concerned S.H.O may be directed to register F.I.R against the proposed accused
persons.
We
have heard the learned Counsel for the petitioner and perused the impugned
order passed by learned Justice of Peace, which reflects that there is some
dispute between the parties over some land, whereas, from perusal of the
contents of application U/s 22-A & 22-B, Cr.P.C, it further appears that
except allegation of issuing threats by the proposed accused persons, the
occurrence of any cognizable offence has not been shown. Learned Justice of
Peace after obtaining comments from concerned S.H.O has reached to the
conclusion that the allegations are baseless and do not refer to any cognizable
offence, whereas, it has been further observed that the petitioner may file
direct complaint in respect of the same allegations before the concerned
Magistrate. There is no cavil to the proposition that, if a cognizable offence
is reported the concerned police is required to record the statement and lodge
an F.I.R of the incidence against the proposed accused persons, however, at the
same time, it is mandated under the law that the concerned police officer shall not operate in a mechanical manner to
register an F.I.R without applying his prudent mind to the facts and
allegations as contained under such statement, so that false cases may not be
registered against innocent persons. Similarly, the authority as vested in
terms of Section U/s 22-A & 22-B, Cr.P.C
also authorizes the learned Justice of Peace to examine the allegations
as contained in such application and after applying his judicious mind to the
facts of the case and by examining the material available on record, pass appropriate
orders, either directing the concerned
S.H.O to record statement of the complainant and in case a cognizable offence is made out and there is
some connecting material, only then to lodge the F.I.R in accordance with law,
or to refuse to issue such directions to the concerned S.H.O and dismiss the
application U/s 22-A & 22-B, Cr.P.C, if no cognizable offence is reported
and there is no material supporting such allegations, particularly, in cases
where civil disputes are converted into criminal disputes with malafide
intention in order to drag the innocent persons into false criminal cases.
Keeping in view herein above facts and circumstances of this case, prima-facie,
we do not find any error in the impugned order of the learned Justice of Peace,
who has exercise discretion vested in him properly on the basis of material
available on record, whereas, no material whatsoever has been placed before
this Court which may suggest that some cognizable offence has been made which
may require registration of an F.I.R. Accordingly, we do not find any substance
in the instant petition, which is dismissed in limine along with listed
applications. However, petitioner is at liberty to file direct complaint in
terms of Section 200, Cr.P.C before the same Magistrate in respect of the
allegations as contained in the application U/s 22-A & 22-B, Cr.P.C, which
shall be decided strictly in accordance with law. Petitioner is also at liberty
that in case of misuse of authority by proposed accused PC Allahindo Khan, the petitioner
may approach the concerned S.S.P who shall examine the complaint of the
petitioner and after providing an opportunity, may pass appropriate orders in
accordance with law.
JUDGE
JUDGE
A.R.BROHI