ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

 

Crl. Misc. Appln. No.S-57 of 2020

Date of hearing

Order with signature of Judge

 

For hearing of main case. 

 

24.08.2020.

Mr. Aijaz Hussain Jatoi, advocate for the applicant.

Private respondents in person

            Mr. Ali Anwar Kandhro, Addl. Prosecutor General.

                                    -.-.-.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH, J.- Facts in brief necessary for disposal of instant Crl.Misc.Application are that the private respondents allegedly with heavy contingent of police personnel came at house of the applicant to apprehend his brother-in-law Ahmed, they were intimated that he is not available, such reply did not satisfy them, consequently, they made trespass into the house of applicant, outraged the modesty of the womenfolk, used filthy language, harassed and threatened the applicant of dire consequence and then went away by committing mischief. The incident allegedly was reported to the police at P.S Mehar, by the applicant having jurisdiction, but no formal FIR of the incident was recorded there, therefore, the applicant by way of an application under section 22-A & B Cr.PC sought for direction against the police to record his FIR. It was dismissed by learned 4^th Additional Sessions Judge/Ex-Officio Justice of Peace, Dadu, vide his order dated 09.03.2020, advising the applicant to lodge direct complaint of the incident, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application.

2.                    It is contended by learned counsel for the applicant that a cognizable offence has been committed by the proposed accused therefore, the learned 4^th Additional Sessions Judge/Ex-Officio Justice of Peace, Dadu, was not justified to have refused issuance of direction against the police to record FIR of the applicant. By contending so, he sought for setting aside of the impugned order, with direction to SHO, P.S Mehar, to record the statement of the applicant for purpose of FIR.

3.                    Learned A.P.G for the State who is assisted by the proposed accused in person has sought for dismissal of the instant application by contending that the applicant and others are intending to involve the police officials in a false case, only to        save his brother-in-law Ahmed and others who are having      criminal record.

4.                    I have considered the above arguments and perused the record. 

5.                    As per applicant, Ahmed is his brother-in-law, and was wanted by the police. Ahmed as per police report is having a criminal record. In that situation, an attempt on the part of applicant to involve the police personnel in false case to save his brother-in-law Ahmed from legal consequences could not be ruled out. Indeed, it constitutes an act of malafide on part of the applicant.

6.                    In case of Rai Ashraf & others vs. Muhammad Saleem Bhatti & others (PLD 2010 SC-691), it has been held by Hon’ble Apex Court;

“Validity---Dispute between parties was over such house---Applicant had secured restrain, order against respondent from Civil Court, and for its violation, he had a remedy before Civil Court---Applicant had an alternate remedy to file private complaints against respondent---Applicant had filed another application before Ex-officio Justice of Peace/Additional Sessions Judge to restrain public functionaries from taking action against him under Lahore Development Authority Act, 1975, Rules and Regulations framed thereunder---Application for registration of FIR had been filed with malafide intention”.

7.                    In view of above, no legal justification is apparent to interfere with the impugned order of learned 4^th Additional Sessions Judge/Ex-Officio Justice of Peace, Dadu, by this Court, by way of instant Crl.Misc.Application, it is dismissed accordingly.  

                                                                                        J U D G E