ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-262 of 2020

Date	Order with signature of Judge

 

                                                           ·          For order on M.A.No.3818/2020 (U/A)

                                                           ·          For order on office objection.

                                                           ·          For order on M.A.No.3819/2020 (E/A)

                                                           ·          For hearing of main case.

 

08.10.2020

Mr. Zahid Ali Shah, advocate for the applicant.

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1.                    Facts in brief necessary for disposal of instant Crl.Misc.Application under section 561-A Cr.PC are that as per the applicant, he was arrested unlawfully, kept confined illegally, maltreated and then released by the proposed accused after acceptance of bribe, therefore, he by way of filing an application u/s. 22-A & B Cr.PC, sought for issuance of direction against SHO, P.S Ghouspur, to record his FIR against the proposed accused, but it was dismissed by learned Ex-officio Justice of Peace, Kandhkot, by way of his order dated 18.05.2020, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application under section 561-A Cr.PC.

 

2.                    It is contended by learned counsel for the applicant that the proposed accused have committed cognizable offence, yet learned        Ex-Office Justice of Peace, Kandhkot has declined to issue directions for recording FIR of the incident by way of impugned order, which is liable to be set aside after issuance of notice to other side.

 

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

4.                    If for the sake of arguments, it is believed that the applicant was released by the proposed accused being public servant after acceptance of bribe, then it constitutes a scheduled offence, the cognizance whereof could only be taken by Anti Corruption Police, therefore, no directions could be issued against SHO, P.S Ghouspur, to record FIR of the scheduled offence. No illegality even otherwise is pointed out in impugned order, which may justify this Court to make interference with it, in exercise of its inherit jurisdiction, by way of instant Crl.Misc.Application u/s.561-A Cr.PC, it is dismissed in limine alongwith listed applications.

 

                                                                                                JUDGE