ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-280 of 2021

Date	Order with signature of Judge

For hearing of main case

07-02-2022

Mr. Nisar Ahmed Mallah, Advocate for the applicant

Mr. Abdul Baqi Jan Kakar, Advocate for respondents No.5 to 7

Mr. Muhammad Ayaz Mari, Advocate for respondents 4, 8 to 10

Syd Sardar Ali Shah Rizvi, Additional Prosecutor General

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

Zulfiqar Ali Sangi, J:- Heard learned counsel for the applicant, learned counsel for the respondents and learned APG.

2. It is contended by learned counsel for the applicant that provision of section 176 Cr. P.C has been violated and police has registered FIR bearing Crime No.154/2020 with false facts. He next contended that his version has not been recorded by the IO as according to him the I.O himself is a proposed accused. He relied upon 2016 P.Cr.L.J 613 and prayed that his FIR be registered.

3. Learned counsel for the respondents has contended that FIR bearing Crime No.154/2020 for the same murder has already been registered and after investigation challan has been submitted before the court and after taking cognizance proper copies has been supplied to the accused and charge has been framed and now the case is fixed for evidence.

4. Learned APG submits that the postmortem has not supported the version of applicant therefore he has also opposed the contentions of learned counsel for the applicant.

5. I have heard learned counsel for the parties and perused the record. The order passed by learned Justice of Peace has carefully been examined. The relevant paragraph of the impugned order is reproduced as under:-

“Having considered the submissions of learned counsel for the parties, I see that entire record would reveal that admittedly, the deceased was booked in the case of Gutka Act by the proposed accused and he was in police lockup when he was injured and thereafter, lost his life due to sustaining such injuries, which postmortem report is available on record. It is also matter of record that FIR in respect of murder of deceased has already been registered bearing crime No.154/2020 against an accused with the name of Mehrab. It also reveals from record that the applicant arrived at hospital and postmortem of deceased was being conducted on the very day of the incident, but thereafter there is nothing on record that applicant/petitioner has approached to any forum to raise his voice that the FIR in respect of murder of deceased has been registered by police by mentioning wrong person as accused, neither he moved to any higher police officer nor he approached to any court of law against the proposed accused alleging that they are murderers of deceased. It is also matter of record that applicant filed petition before this court after submission of the challan of the case in respect of murder of deceased against accused Mehrab.

The case law as referred by learned counsel viz. Mst. Sughran Bibi versus the State (cited supra) is very much clear on the legal point of second FIR in which Honourable Supreme court has observed that for the same incident second FIR cannot be registered but if the second version is brought on the notice of police/investigating officer, he is bound to record such version and examine the witnesses who come forward with such another version. Furthermore, the applicant has also got alternate and adequate remedy by way of fling private complaint which is open option for him if his version has not been recorded at any forum.”

6. No illegality or infirmity has been seen in the impugned order which requires any interference by this court, therefore this application is dismissed, however applicant is at liberty to file application u/s 176 Cr.P.C before the concerned Magistrate or file direct complaint as already observed by the learned Justice of Peace.

JUDGE

Suleman Khan/PA