ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.Misc.A.No.S-254 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.
30.11.2018.
Mr.Habibullah Ghouri, Advocate for the applicant.
M/S. Muhammad Hashim Soomro and Mumtaz Ali Bughio, Advocate(s) for the private respondents
Mr.Sharafuddin Kanhar, A.P.G.
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The applicant by way of instant Crl.Misc.Applicatoin u/s.561-A Cr.PC, has impugned an order dated 12.09.2018, passed by learned 6th Additional Session Judge/Ex-Officio Justice of Peace, Larkana, whereby he has dismissed application u/s.22-A & B Cr.PC which was filed by the applicant, for issuance of direction against SHO P.S, Ali Gohar Abad, for recording of her FIR.
The facts in brief necessary for disposal of instant Crl.Misc.Application are that as per applicant, the private respondents abducted his son Guhram Ali, with intention to commit his murder, she went at police station Ali Gohar Abad for recording of her FIR, it was not recorded by the police and then she by way of an application u/s.22- & B Cr.PC sought for direction against SHO P.S Ali Gohar Abad for recording of her FIR. It was dismissed by learned 6th Additional Session Judge/Ex-Officio Justice of Peace, Larkana.
The operative part of impugned order reads as under;
“The respondent No.1 in his report stated that no such incident has taken place as alleged by the applicant and he has also produced photo copies of number of FIRs lodged against the son of the applicant and perusal of FIRs show that proposed accused Tufail Ahmed is complainant in Crime No.90/2012 and 91/2012 while proposed accused Badshah is complainant in Crime No.57/2015. It has been held by Honourable Apex Court that the functions of Ex-officio Justice of Peace are quasi judicial in nature, therefore, such applications cannot be decided in mechanical manner as a routine. (Reliance placed on PLD 2016 SC-581). It is possibility that in background of previous enmity, the applicant wants to register false FIR against the proposed accused persons, as such I see no justification in the instant criminal miscellaneous application and same is hereby dismissed”.
It is contended by learned counsel for the applicant that the narration made by the applicant apparently constitutes a cognizable offence of serious nature, the same could not be lost sight of in its circumstances. By contending so, he sought for direction against SHO P.S Ali Gohar Abad to record statement of the applicant u/s.154 Cr.PC for further action in accordance with law.
It is contended by learned A.P.G for the State and learned counsel for the private respondents that Guhram Ali son of the applicant is hardened criminal of the area, he is absconding in a murder case of the private respondent, the applicant in order to protect him has come before this Court with false assertion of his abduction. By contending they sought for dismissal of the instant Crl.Misc.Application.
I have considered the above arguments and perused the record.
The allegation leveled by the applicant with regard to abduction of his son with intention to commit his murder allegedly by the private respondents in order to satisfy their enmity with him could not be lost sight of in circumstances of the case. Indeed, it is disclosing commission of cognizable offence. In that situation, learned 6th Additional Session Judge/Ex-Officio Justice of Peace, Larkana, ought not to have refused recording of FIR of the applicant on the basis of probabilities and possibilities that too without providing chance of hearing to the applicant and her counsel.
In view of above, the impugned order is set-aside. Consequently, SHO, P.S, Ali Gohar Abad, is directed to record statement of the applicant u/s.154 Cr.PC for further action in accordance with law.
The instant Crl.Misc.Application is disposed of accordingly.
JUDGE
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