ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-201 of 2021

Date	Order with signature of Judge

1. For orders on office objection

2. For hearing of main case.

06.09.2021

Haji Shamsuddin Rajpar, Advocate for the Applicant

Mr. Achar Khan Gabole, Advocate for the Respondent

Mr. Khalil Ahmed Maitlo, DPG

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Through this application, applicant seeks direction to the concerned SHO for registration of FIR. His earlier request was declined by learned Justice of Peace/Additional Sessions Judge, Kandiaro, vide order dated 24.03.2021.

At the very outset, learned Counsel for the Applicant submits that SHO of concerned Police Station is duty bound to record the statement of Applicant and from perusal of said statement if cognizable offence is made out, he should register the FIR. He further submitted that learned Justice of Peace did not apply his judicious mind and passed the impugned order, which is illegal and liable to be set-aside.

On the other hand, learned DPG as well as learned Counsel representing the Respondent No.5 submitted that learned Justice of Peace, by applying his judicious mind, has properly scanned the entire record available with him and he rightly declined the plea of the Applicant.

I have heard the learned counsel for the parties and have minutely perused the material available on record.

From the perusal of impugned order, it reflects that the entire material placed before the Justice of Peace has been considered and thereafter the impugned order was passed. For the sake of convenience, relevant para of impugned order is reproduced as under:-

“I have heard the arguments of learned advocate for applicant, advocate for proposed accused, learned DDPP for the State and perused the report of SHO P.S. concerned as well as DSP Complaint Cell Naushahro Feroze. The record reveals that murderous enmity is going on between applicant and proposed accused over landed property. The record reveals that on 22.01.2021, the applicant party assaulted upon the proposed accused party at village Nabi Bux Mangrio where they made straight firing and committed murder of Zamir Hussain Mari and caused firearm injuries to proposed accused Qalandar Bux Mari and Imran Mangrio, Fateh Muhammad Mangrio and Awais Mangrio for that, the complainant Allah Warayo Mari lodged such FIR of murder bearing Crime No.11 of 2021 under Section 302, 324, 114 PPC at P.S. Kandiaro against applicant party. In the said incident injured Qalandar Bux Mari also succumbed to the injuries at Karachi Hospital. It has also come on record that one Muhammad Banch had also lodged another FIR bearing Crime No.12/2021 under Section 324, 355,337-A(ii) PPC at P.S. Kandiaro against the applicant party and in the said FIR one of the injured namely Imran Ali Mangrio also succumbed to the injuries at PMCH Nawab Shah Hospital. Later on, section 302 PPC was also inserted in the said FIR No.12/2021. The record further reveals that both crimes are still under investigation. As per record during the firing the person of applicant party namely Noor Muhammad alias Zulfiqar Khaskheli was killed due to receiving fire shots from the hands of his own companions namely Ameer and others, but in said case/crime the present applicant party are nominated as accused, therefore, they in order to save themselves from their lawful arrest have managed the false and baseless story otherwise, there is no substance in the version of the applicant”.

No illegality or infirmity has been committed by learned Justice of Peace while passing the impugned order, which, in my view, is well-reasoned and in accordance with law. Resultantly, this application is hereby dismissed alongwith pending application(s), if any.

Faisal Mumtaz/ PS JUDGE