ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.Misc.A.No.S-186 of 2018.
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Date of hearing |
Order with signature of Judge |
1. For orders on office objection “A”
2. For hearing of Main case.
02.11.2018.
Mr.Mazhar Ali Bhutto, Advocate for the applicant.
Mr.Muhammad Ali Pirzado, Adv: for respondents No.3 & 4
Mr.Ameer Ahmed Narejo, State Counsel.
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IRSHAD ALI SHAH, J.- The applicant by way of instant Crl.Misc.Applicatoin u/s.561-A Cr.PC, has impugned an order dated 13.06.2018, passed by learned 2nd Additional Session Judge/Ex-Officio Justice of Peace, Qamber, whereby his application u/s.22-A & B Cr.PC for issuance of direction against SHO P.S, Saddar Qamber, to record his statement u/s.154 Cr.PC was disposed of.
The facts in brief necessary for disposal of instant Crl.Misc.Application are that the proposed accused, after having formed an unlawful assembly and in prosecution of their common object, after keeping the applicant under fear of death caused him lathi, kicks and fists blows and then went away by issuing him threats of murder. On medical examination, one of the injury which the applicant sustained was found to be “Jurh Ghayr Jaifah Hashimah” punishable u/s 337-F(v) PPC, yet his FIR was not recorded by SHO P.S Saddar Qamber, he then by way of an application u/s.22- & B Cr.PC sought for direction against police for recording of his FIR. It was disposed of by learned 2nd Additional Session Judge/Ex-Officio Justice of Peace, Qamber, on 13.06.2018, with the following observation;
“I have found that there is murderous enmity in between the parties and so many cases have been registered by both parties against each other. It is also an admitted fact that the report of the police is not rebutted, if for the sake of arguments, it is believed that the incident as alleged by the applicant has actually taken place and his FIR is not being recorded by the police then he could prove the same by filing a direct complaint before the Court having jurisdiction and there he may ask for enquiry of his complaint as per mandate provided by Section 156(3) Cr.PC, if so is advised to him, such remedy if is exhausted would not only be adequate but alternate in the circumstances”.
It is contended by learned counsel for the applicant that the learned 2nd Additional Sessions Judge/Ex-Officio Justice of Peace, Qamber, has refused recording statement of the applicant u/s.154 Cr.PC without lawful justification, despite the fact that the offence alleged as per medical certificate was cognizable in its nature. By contending so, he sought for direction against the police to record statement of the applicant u/s 154 Cr.PC.
Learned A.P.G for the State and learned counsel for the respondents No.3 and 4 by supporting the impugned order have sought for dismissal of the instant Crl.Misc.Application by contending that the applicant in order to satisfy his enmity with the proposed accused is intending to involve them in a false case.
I have considered the above arguments and perused the record.
As per the medical certificate, one of the injury sustained by the applicant is constituting an offence punishable u/s 337-F(v) PPC, which is cognizable in its nature. In that situation, the learned 2nd Additional Sessions Judge/Ex-Officio Justice of Peace, Qamber, ought not to have refused recording statement of the applicant u/s 154 Cr.PC by SHO P.S Saddar Qamber, by making observation on very merits of the case. The impugned order as such could not be sustained, it is set-aside. Consequently, SHO, P.S, Saddar Qamber, is directed to record statement of the applicant u/s 154 Cr.PC for further action in accordance with law. Needless to state that if the proposed accused are carrying a feeling that they are being involved in a criminal case falsely by the applicant then they may prove their innocence before the police by joining the investigation, if so is advised to them.
The instant Crl.Misc.Application is disposed of accordingly.
JUDGE
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