ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-81 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

15.11.2021

                        Mr. Shahbaz Ali Brohi, Advocate for the applicant.

                        Mr. Asadullah Brohi, Advocate for the proposed accused.

                        Mr. Aitbar Ali Bullo, D.P.G for the State.

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IRSHAD ALI SHAH, J;- It is alleged by the applicant that the proposed accused have committed murder of his father Abdul Ghafoor by causing him iron rod blows. On account of refusal of police to record his FIR, he by making an application under section 22-A & B Cr.PC, sought for direction against the police to record his statement for the purpose of FIR, it was declined by learned 5^th Additional Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, vide order dated 29.06.2019, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application under section 561-A Cr.PC.

                        It is contended by learned counsel for the applicant that a cognizable offence has taken place and registration of FIR whereof, could not be prevented under any circumstance. By contending so, he sought for setting aside of impugned order with direction to SHO, P.S Rahim Abad, to record statement of the applicant for the purpose of FIR.

                        Learned D.P.G for the State and learned counsel for the proposed accused by supporting the impugned order have sought for dismissal of instant Crl.Misc.Application by contending that the applicant himself has prevented the medical officer from conducting postmortem on the dead body of his late father by making such statement and he now is intending to involve the proposed accused in a false case to settle his dispute with them over the landed property.

                        I have considered the above arguments and perused the record.

                        It is specifically alleged by the applicant that the proposed accused have committed murder of his father by causing him iron rod blows; such allegation obviously constitutes a cognizable offence; registration of FIR whereof, could not be prevented under any circumstance or pretext that the applicant himself has prevented the medical officer from conducting postmortem on dead body of his late father. The registration of FIR of course would be followed by the investigation; if the proposed accused, are having a feeling that they being innocence are being involved by the applicant in a false case then they could prove their innocence by joining the investigation, if so is advised to them. The impugned order therefore, is set aside with direction to SHO, P.S Rahim Abad, to record statement of the applicant for the purpose of FIR.

                        The instant Crl.Misc.Application is disposed of accordingly.

  J U D G E