IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

 

Cr. Misc. Application No.S-300 of 2021

 

 

Applicant:                                          Ali Bux Kaleri, through

Mr. Fayyazuddin Rajpar,

Advocate

Respondent:                                      Anwaruddin, through   

                                                          Mr. Shabbir Ali Bozdar, Advocate.

State:                                                 Through Mr. Khalil Ahmed Maitlo, D.P.G.

Date of hearing:                                 22.10.2021

Date of decision:                                22.10.2021 

 

O R D E R

 

Zulfiqar Ali Sangi, J:-   Through this application, the applicant has impugned  the order dated 03.05.2021, passed by learned  Additional Sessions Judge/Justice of Peace Kandiaro, whereby an application filed by respondent No.5, u/s 22-A & B, Cr.P.C,  for lodging of FIR against the proposed accused/present applicant was allowed.

 

2.                 Learned Counsel for the applicant submits that there is an old enmity between the parties and the respondent No.5 is habitual of filing applications against the applicant party. He placed on record some applications decided and pending before different forums and submits that respondent No.5 wants to lodge a false FIR against the applicant party, therefore, he prayed that the present application may be allowed and impugned order may be dismissed.  In support of his contention he placed reliance on PLD 2021 Baluchistan 63, YLR 2019 Lahore 1299, P.Cr.L.J. 2019 Lahore 23, YLR 2018 Sindh 218, P.Cr.L.J 2017 Lahore 09, P.Cr.l.J.2017 Lahore 35 and YLR 2016 Lahore 146.

3.                 Learned counsel for respondent No.5 submits that there are serious allegations against the applicant regarding kidnapping of Raja who has remained in captivity of proposed accused for about one month, therefore learned Justice of Peace by observing all the aspects has passed the order in his favour.

4.                Learned DPG by supporting the impugned order submits that the applicant has a chance to approach and produce his entire material before the I.O who is competent to decide as to whether the FIR is false or otherwise.

 

5.                 I have heard learned Counsel for the parties and have gone through the material available on record.

 

6.                 From the contents of application it appears that allegations of serious nature have been leveled against the proposed accused/present applicant which can be investigated only by the I.O after recording statement/FIR. The order passed by Ex-officio Justice of Peace is minutely scanned. Learned counsel for the applicant has also not been able to point out any illegality in the impugned order which otherwise is well reasoned. Resultantly, the same is maintained and this criminal miscellaneous application is dismissed.

 

 

                                                                          JUDGE

 

 

Suleman Khan/PA