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

                                    12-09-2014

                                     .-.-.-. -.-.-.-.-.-.-.-.-

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