ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.Misc.A.No.S-256 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.Shahbaz Ali Brohi, Advocate for the applicant.
Mr.Muhammad Pannah G.Channa, Advocate for private respondents No.1 to 4 and 7.
Mr.Sharafuddin Kanher, 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 24.09.2018, passed by learned 5th Additional Session Judge/Ex-Officio Justice of Peace, Shikarpur, whereby his application u/s.22-A & B Cr.PC for issuance of direction against SHO P.S, Daim Malik, for recording of his FIR was dismissed.
The facts in brief necessary for disposal of instant Crl.Misc.Application are that as per applicant, the private respondents during course of robbery of buffaloes caused lathies and butt blows to the applicant, he reported the incident to SHO, P.S Daim Malik, but his FIR was not recorded, he then by way of an application u/s.22- & B Cr.PC sought for direction against SHO P.S Daim Malik to record his FIR. It was dismissed by learned 5th Additional Session Judge/Ex-Officio Justice of Peace, Shikarpur, by making the following observation;
“After scrutinizing the material available on record, it appears that it could not be ruled out that the efforts aimed to falsely implicate his rivals and take revenge, present application could not be equated with an automatic procedure, as this Court is not expected to act as the Post Office, meant to stamp such application and forward it to the SHO concerned to register the FIR, in fact the purpose of enacting Ss.22-A & 22-B Cr.PC, was not to grant a license to the people to cause harassment to the innocent persons, or to those who while in line of their duty take action against them by invoking the provisions under Ss.22-A & 22-B Cr.PC”.
It is contended by learned counsel for the applicant that the applicant has sustained fracture of his skull during course of robbery, which apparently constitutes a cognizable offence. In that situation, according to him, learned 5th Additional Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, ought not to have dismissed the application of the applicant. By contending so, he sought for reversal of the impugned order with direction to SHO P.S Daim Malik to record statement of the applicant u/s 154 Cr.PC.
It is contended by learned A.P.G for the State and learned counsel for the private respondents No.1 to 4 and 7 that no incident as alleged by the applicant has taken place, the medical ceritifcate is managed by the applicant, the applicant according to them is intending to involve the private respondents in a false case only to satisfy his enmity with them. By contending so, they supported the impugned order and sought for dismissal of the instant Crl.Misc.Applicatoin.
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 cognizable offence punishable u/s 337-F(v) PPC, the same as per applicant he has sustained during course of robbery of his buffaloes. In that situation, the learned 5th Additional Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, ought not to have dismissed the application of the applicant for recording his statement u/s 154 Cr.PC, 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, Daim Malik, 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 private respondents are carrying a feeling that they are being involved in a criminal case by the applicant falsely 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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