ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No. S- 14 of 2017

For hearing of main case

11.02.2019

Mr. Khan Muhammad Sangi Advocate for Applicant

Mr. Muhammad Ali Napar Advocate for proposed accused

Syed Sardar Ali Shah, DPG for State

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The applicant by way of instant Criminal Miscellaneous Application has impugned order dated 02.01.2017 passed by learned Sessions Judge/ Ex-Officio Justice of Peace Sukkur, whereby an application u/s 22-A and B Cr.P.C filed by the applicant for issuance of direction against the police to record his FIR with regard to death of his father Mouledino alias Moula Bux, allegedly at the hands of proposed accused was dismissed.

2. It is contended by learned counsel for the applicant that it was a murder case as such learned Ex-Officio Justice of Peace ought not to have refused recording FIR of the applicant by making irrelevant observation. By contending so, he sought for issuance of direction against SHO Police Station Dadloi to record FIR of the applicant. In support of his contention, he relied upon the cases of Mumtaz Ali vs. SHO Police Station Naushahro Feroze and another (2011 P.Cr. L J 268) and Human Rights Case No.3212/2006 (2006 SCMR 1547).

3. Learned DPG for the State and learned counsel for the proposed accused by supporting the impugned order have sought for dismissal of instant criminal miscellaneous application by contending that the deceased has died of road accident which now is being given a cover of murder case by the applicant malafidely.

4. I have considered the above arguments and perused the record.

5. It is alleged by the applicant that the proposed accused have committed the death of his father Mouledino alias Moula Bux by throwing him infront of Dumber. If such allegation is believed to be true then it constitutes a cognizable offence, the recording of FIR whereof could hardly be denied under the pretext that it was road accident.

6. In view of above, the impugned order is set aside with direction to SHO Police Station Dadloi to record FIR of the incident at the instance of applicant and then to proceed with the matter in accordance with the law. If the proposed accused are having a feeling that they are being involved in a false case by the applicant then they prove their innocence before the police by joining the investigation, if so is advised to them.

7. The instant Criminal Miscellaneous Application is disposed of accordingly.

Judge

ARBROHI