ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 275 of 2018

Date Oder with Signature of Hon’ble Judge

Priority case

1. For hearing of main case

2. For hearing of MA No.11813/2015 (S/A)

01.04.2019

Mrs. Rizwana Jabeen Siddiqui Advocate for the Applicants

Mr. Shafi Muhammad Mahar, DPG for the State

>>>>>>>…<<<<<<<<

Irshad Ali Shah, J;- The applicants by way of instant Criminal Miscellaneous Application under Section 561-A, Cr.P.C have impugned order dated 07.11.2015 passed by learned Sessions Judge/Ex-Officio Justice of Peace Naushahro Feroze.

3. The facts in brief necessary for disposal of instant Criminal Miscellaneous Application as per the private respondent are that on account of negligence and criminal act of the applicants and others his son Waqar Ali sustained electric shot whereby he lost both of his arms, for that according to him he approached SHO Police Station Bhiria City for recording of his FIR, it was not recorded and then he sought for direction against SHO Police Station Bhiria City for recording of his FIR by way of making an application u/s 22-A and B Cr.P.C, it was issued accordingly by learned Sessions Judge/Ex-Officio Justice of Peace Naushahro Feroze by way of order which is impugned by the applicants before this Court by way of instant Criminal Miscellaneous Application, as stated above.

4. It is contended by learned counsel for the applicants that the private respondent has managed a false story in order to blackmail the applicants being officials of SEPCO and learned Sessions Judge/Ex-Officio Justice of Peace Naushahro Feroze has passed the impugned order without proper application of judicial mind. By contending so, she sought for setting aside of the impugned order.

5. Learned DPG for the State sought for dismissal of the instant Criminal Miscellaneous Application by supporting the impugned order.

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

7. In all seven persons were affected by way of the impugned order but it is challenged by the applicants alone which prima facie indicates that it is accepted by rest of the affected persons. The directions so issued are only to the extent of recording statement of the private respondent. No cogent ground is advanced by the applicants which may justify setting aside of the impugned order by this Court by way of instant Criminal Miscellaneous Application, it is dismissed accordingly with direction to the applicants to prove their innocence before the police by joining the investigation, on event of registration of FIR against them.

Judge

ARBROHI