ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-62 of 2019

 

Date	Order with signature of Judge

 

For hearing of main case.

28-08-2020

 

Mr. Safdar Ali Ghouri, Advocate for the applicant

Mr. Muhammad Ali Pirzado, Advocate for private respondent

Mr. Muhammad Noonari, D.P.G for the State.        

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

 

IRSHAD ALI SHAH, J;- It is case of private respondent that the applicant and others caused kicks, fists and butt blows to him and PW Abdul Haleem, he reported the incident to police but his FIR was not recorded by the police, therefore, he approached learned Ex-Officio Justice of Peace, and sought for direction against the police to record his FIR for the above said offence. It was issued accordingly by learned Ex-Officio Justice of Peace, vide his order dated 05.03.2019, which is impugned by the applicant before this Court.

2.                    It is contended by learned counsel for the applicant that the private respondent and PW Abdul Haleem have sustained injuries on account of their fall from the motorcycle and they in order to settle their old enmity with the applicant and others are intending to involve them in false case malafidely.

3.                    Learned D.P.G for the State and learned counsel for the private respondent by supporting the impugned order have sought for dismissal of the instant Crl.Misc.Application by contending that the injury sustained by PW Abdul Haleem constitutes an offence punishable under section 337-F(iii) PPC, which is cognizable.

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

5.                    As per report furnished by the police, the private respondent and PW Abdul Haleem have sustained injuries on account of their fall from the motorcycle and both the parties are inimical with each other since long. In that context, the contention of learned counsel for the applicant that the private respondent now is intending to involve the applicant and others in false case malafidely in order to satisfy his old enmity with them, cannot be lost sight of.

6.                    In case of Rai Ashraf & others vs. Muhammad Saleem Bhatti & others (PLD 2010 SC-691), the Hon’ble Supreme Court of Pakistan has set aside the order whereby the direction for recording of FIR was issued by making an observation that;

“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, the instant Crl.Misc.Application is accepted. Consequently, the impugned order is set aside. The private respondent however may exhaust his remedy under section 200 Cr.PC.

 

                                                                                             J U D G E