ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Misc. Application No.S-526 of 2020
|
Date |
Order with signature of Judge |
Disposed
of matter
1.
For
orders on MA No.6441/2021
2.
For
orders on MA No.6442/2021
06-12-2021
Mr. Safdar Ali Bhatti,
Advocate for the applicant
Mr. Shafi Muhammad Mahar,
Deputy Prosecutor General
.-.-.-. -.-.-.-.-.-.-.-.-
1. Urgency granted.
2. Through instant application the
applicant has prayed for recalling of order dated 04.10.2021, whereby the main
application was dismissed for non-prosecution. Learned counsel for applicant
has relied upon the case of Ghulam
Hussain v. The State (2001 P.Cr.L.J 611) and submitted that in view of the case law criminal miscellaneous
application dismissed for non-prosecution
can be restored.
Heard
learned counsel for the applicant and learned DPG, who was present in court in
other matters, waived notice of the application and has raised no objection for
restoration of the main application. Resultantly, MA No.6442/2021 is allowed
and main criminal miscellaneous application is restored to its original
position.
Heard
learned counsel for the applicant on merits of the application, as well as
learned DPG and perused the record. It appears that the learned Additional Sessions
Judge Mirwah has passed the impugned order while going through the entire
material available on record. Relevant paras of the impugned order are
reproduced hereunder:-
“That
the litigation between the parties is going on before happening of incident,
reported in FIR No.47/2020 at PS Mirwah and actual dispute between was is on
the plot situated near to the houses of parties, which resulted into such
incident of murder and now continued for like offences, as alleged by the
complainant but at same time no documentary proof of any of the articles
allegedly robbed has been produced before this court or before the complaint
Cell. Record further shows that present complainant is one of the accused in
FIR No.27/2020 under Section 302 PPC lodged by proposed accused persons and
filing of present petition to lodge for seeking directions to get register FIR,
is apparent that to create influence against proposed accused persons to make
compromise in FIR NO.27/2020 lodged against complainant party. In fact this
Court is not supposed to act in mechanical manner, and issue
such direction without applying judicial mind to determine, as to
whether applicant had appeared with clean hands, having some genuine grievance,
which needed an immediate attention for its redressal, or she had
come to the court with a certain design to wreak havoc on his opponents by
lodging FIR against them, this Court after scrutinizing the memo
application submitted by applicant before this court, report of inquiry officer
is totally against the report of SHO concern, which reflect that no such
incident is ever happened within the territorial limits of PS Setharja, this
could not be ruled out that the efforts aimed to falsely implicate rivals and
take revenge, present application could not be equated with an automatic
procedure, as this court is not expected to act as the Post Office, meant to
stamp such application and forward it to the S.H.O. concerned to register
the FIR, in fact the purpose of enacting Ss.22-A & 22-B, Cr.P.C.,
was not to grant a license to the people to cause harassment to the innocent
persons, or to those who while in line of their duty take action against them
by invoking the provisions under Ss.22-A & 22-B, Cr.P.C., besides that
there is land mark judgments of honorable Superior Courts in which parameters
has been settled, in this regard the guidance of PLD 2007 SC 539 & PLD 2016
SC 581 are very much helpful, so also, I am convinced by the precedents settled
in (2015 PCrLJ 846
KARACHI-HIGH-COURT-SINDH) Nazir Ahmed Case.
In present case no written
application is submitted to SHO, no record which shows that SHO has refused to
act accordingly or there is nothing on record / produced by the petitioner that
he approached to the higher police officer i.e. SSP Khiarpur or complaint Cell
or DPC, DC or any other superior officer and motives of the applicant are very
much reflecting from the face of application, which is to involve his opponents
in frivolous proceedings. Besides, that petitioner concealed many
material facts which are brought on record by the proposed accused persons.
Hence to my wisdom the application is meritless, accordingly dismissed.
Petitioner may file private complaint, if so advised.
Let
the copy of order be sent to SHO for information and compliance.”
No illegality has been pointed out in the
impugned order, resultantly this application is
meritless and is hereby dismissed.
JUDGE
Suleman Khan/PA