ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Misc. Appln. No.S-09 of 2021.

Date of

Hearing

ORDER WITH SIGNATURE OF JUDGE

08.03.2021.

1. For orders on office objection.

2. For hearing of M.A. No.97/2021.

3. For hearing of Main Case.

Mr. Sabir Ali Shaikh, advocate for the applicants.

Mr. Habibullah G. Ghouri, advocate for respondent No.1.

Mr. Aitbar Ali Bullo, DPG.

O R D E R

ZULFIQAR ALI SANGI, J.- Through this Criminal Miscellaneous Application, the applicants have challenged the order dated 06.01.2021, passed by the learned VI-Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana, whereby application under Section 22-A & B, Cr.P.C of respondent No.1 seeking directions for registration of FIR was disposed of with certain directions.

2. Learned counsel for the applicants submits that respondent No.1 wants to register a false FIR against the applicants/proposed accused and no offence whatsoever alleged in the application was committed by them, therefore, he prays that order of Justice of Peace may be set aside.

3. On the other hand, learned Counsel for respondent No.1 submits that from the facts mentioned in the application a cognizable offence is made out, therefore, learned Justice of Peace has rightly allowed the application and the order of learned Justice of Peace does not call for interference. He, therefore, prays that the application of the applicants may be dismissed.

4. Learned DPG fully supported the impugned order and opposed the present application.

5. Heard learned counsel for the parties and perused the record with their able assistance.

6. On careful scrutiny of the record it appears that the learned Justice of Peace before issuing directions for registration of FIR has observed in the impugned order as under:-

“I have also perused the contents of application in which applicant has levelled allegation against SHO Munwar Ali Khaskheli of P.S concerned for making K.K. fire upon his nephew Aamir Ali. However, applicant has also admitted in his application at Para No.7 that some FIRs were lodged against his nephew Aamir Ali at P.S Ratodero.

In view of the above facts and circumstances, the instant application is disposed of with directions to the applicant to appear before the SHO P.S Bakrani for recording his statement. SHO concerned is directed to record the statement of applicant, if he appear before him and if cognizable offence is made out from the statement of applicant, take action against proposed accused No.1, 4, 5 and 6 as per law, and if statement of applicant found false, fabricated, take action against him under the law. While no role has been assigned to the proposed accused No.2 and 3 who is one person, therefore, no need to take any action against respondent No.2.”

7. Without commenting upon the merits or demerits of the case of either party, it may be observed that the applicants have not placed on record any material to show that the respondent No.1 had any animosity or ill-will against the applicants/proposed accused or the allegation contained in his application was tainted with malice or some ulterior motives. The learned VI-Additional Sessions Judge/Justice of Peace, Larkana while allowing application of respondent No.1 has directed the concerned authority for recording of statement of respondent No.1 and lodging FIR and has also directed that if the FIR was found false, after due investigation, action according to law be initiated against the respondent No.1. Ultimately, he has safeguarded the interest of the applicants/proposed accused by doing so.

8. For what has been discussed above, the applicants/proposed accused have failed to point out any illegality committed by the learned VI-Additional Sessions Judge/Justice of Peace, Larkana while passing the impugned order. In my view, the impugned order has been passed by the learned Justice of Peace after hearing the parties and assessment of entire material placed before him, therefore, instant application being without substance is dismissed along with listed application.

JUDGE