ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C.P. No.D-694 of 2020

 

            Petitioner                   :           Mst. Sadoori

Through Mr. Abdul Hameed Mangi, advocate

 

           

Date of hearing        :           16.07.2020

            Date of Order            :           16.07.2020

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O R D E R

 

 

ADNAN-UL-KARIM MEMON, J:            Mst Sadori, the petitioner filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking to quash F.I.R No. No.62/2020 dated 9.7.2020 registered under section 148, 149 PPC, at P.S. Ranipur, Taluka Sobho Dero, District Khairpur.

2.         We asked learned Counsel to satisfy this Court with regard to maintainability of instant petition on the premise that the petitioner is not an aggrieved person as the aforesaid FIR has been lodged against the brothers of the petitioner and not from any of the accused has approached for quashment of FIR, he replied that petitioner, being sister, may approach this Court for quashment of aforesaid FIR, as the same is based on concocted/false story.

3.         It is well-established law that F.I.R is not to be quashed in routine. The powers under Article 199 are to be used sparingly and only in exceptional cases where trial of an accused would amount to unnecessary harassment but the Court ought not to resort to said provision of law if on the basis of any allegation made by the prosecution, a prima facie case is made out against the accused. The procedure laid down by Criminal Procedure Code, the authority vested in the Court under Article 199 of the Constitution and under such like other provisions of law, are meant to prevent harassment of an accused but within the premises to secure the ends of justice and not to defeat it. It is not the function of the High Court in such like proceedings to adjudge the innocence or guilt by minute scrutiny of evidence recorded by the investigating agency against the accused or by adjudging the credibility of the statements of the prosecution witnesses. The Court cannot sit as an investigator but the matter can be looked into to find out as to whether a prima facie case exists against the accused on the facts disclosed in the F.I.R. and from the deposition of the prosecution witness. The difference between the determinations is to know whether the proceeding is really intended to secure the ends of justice or factually an abuse of the process.

 

4.         For what has been stated above, we are not persuaded to quash FIR No.  No.62/2020 dated 9.7.2020 299 registered under sections 148, 149 PPC, at P.S. Ranipur, Taluka Sobho Dero, District Khairpur and it is for the petitioner to seek recourse, if any, as the matter has already been dealt with by the learned 2nd Civil Judge & Judicial Magistrate, Garhi Yaseen, vide order dated 26.06.2020, available at page-17.  Even otherwise, the petitioner lacks locus standi in the matter. This petition being non-maintainable and without any merits is hereby dismissed.


                                                                                                JUDGE

                                                                            JUDGE