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