ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 Cr. Misc. Application No.S-440 of 2021

 

Date

               Order with signature of Judge

           

                    

1.    For orders on office objection at flag `A`

2.    For hearing of main case

3.    For hearing of MA No.3534/2021                                             

 

11-02-2022

                

                 Mr. Sadam Hussain Leghari, Advocate for the applicant

                     Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General

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

Zulfiqar Ali Sangi, J:- Heard learned counsel for the applicant, learned   APG and perused the record. The order dated 25.06.20221 passed by learned Justice of Peace has been carefully examined wherein Justice of Peace in paragraphs No. 4, 5 & 6 has observed as under:-

                     “4.           I considered the submission and reports of SHO, as well as, complaint Cell. It is worth mentioning here that SHO is duty bound to record the statement of every subject of law, appears before him a the PS in compliance of section 154 Cr.P.C, and register the FIR in relevant book, if that statement appears cognizable offence and in case the statement recorded under section 154 Cr.P.C appears non-cognizable offence, he shall submit relevant report in compliance of section 155 Cr.P.C before the Magistrate having jurisdiction. In this regard I am guided by land mark judgment of Honourable Supreme court “PLD 2007 SC 539”. Besides the case law submitted by the counsel for the complainant are in favor of the arguments of the counsel for the complainant.

                     5.            Accordingly after above discussion, SHO PS Mirwah is directed to record the statement of applicant u/s 154 Cr.P.C and lodged the FIR, if from the statement of complainant cognizable case is made out and in case the statement appears non-cognizable offence he shall submit report to the relevant Magistrate as provided by section 155 Cr.P.C.

                     6.            It is further directed that no arrest shall be made to anybody including proposed accused persons unless cogent material is available, so also if after investigation the statement found false IO under statutory obligation to initiate proceeding u/s 182 & 211 PPC accordingly against complainant.”

 

2.                 No illegality or infirmity has been seen in the impugned order which requires any interference by this court, therefore this application is dismissed.

 

 

                                                                                             JUDGE

 

Suleman Khan/PA