ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-238 of 2017.

Date of hearing

Order with signature of Judge

1. For hearing of case

2. For hearing of M.A.No.4154/2015.

12.11.2018

                        Mr.Abdul Rehman Bhutto, Advocate for the applicant.                             Mr.Raja Imtiaz Ali Solangi, A.P.G.

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IRSHAD ALI SHAH, J.- The applicant by way of instant Crl.Misc.Applicatoin has impugned an order dated 17.08.2015, passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kandhkot, whereby he on application u/s.22-A& B (6) Cr.PC has directed SHO P.S Jamal to record FIR of the private respondent .

                        It is alleged by the private respondent that the applicant and others have fired at him with intention to commit his murder only to compel him to shift from their village.

                        The learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kandhkot, accepted the application of the applicant and then disposed of the same in following terms;

“SHO P.S Jamal is directed to record the statement of complainant, whenever he appears before him. If from the statement of petitioner, any cognizable offence is made out, his FIR be registered according to law. The SHO/SIO PS Jamal is directed that if during investigation the version of complainant appears to be false, then an action as required u/s.182 PPC be taken against him. With these observations the petition is hereby allowed. SHO/I.O is further directed not to arrest accused in order to harass and disgrace them till a tangible evidence come on record against the accused”.

                        It is contended by learned counsel for the applicant that there was dispute between the parties over the landed property and no incident as alleged by the private respondent has taken place. By contending so, he south for reversal of the impugned order, as the same according to him has been passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kandhkot, without lawful justification.

                        None has appeared on behalf of the private respondent, while learned A.P.G for the State did not support the impugned order, as the same according to him has been passed by learned Additional Sessions Judge/Ex-officio Justice of Peace, Kandhkot without taking report of the police into consideration.          

                        I have considered the above arguments and perused the record.

                        As per report of SHO P.S Jamal, no incident as alleged by the private respondent has taken place, such report has not been taken into consideration by learned Additional Sessions Judge/Ex-officio Justice of Peace, Kandhkot, without any lawful justification. Be that as it may, the firing is ineffective one and both the parties being related inter-se are disputed over the landed property and matrimonial affairs. In that situation, the possibility of involvement of the applicant and others in a false case by the private respondent with a view to settle his dispute with them over the landed property and matrimonial affairs could not be lost sight of.

                        In view of above, the impugned order is set aside. The private respondent however may file direct complaint of the incident, if so is advised to him.

                        The instant Crl.Misc.Applicatoin is disposed of accordingly.  

JUDGE

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