IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-527 of 2021

Applicant: Malook Malik, through

Mr. Muhammad Iqbal Memon, Advocate

Respondents: Umar Khan Proposed accused No.1

in person

State: Through Syed Sardar Ali Shah, D.P.G.

Date of hearing: 17.09.2021.

Date of order: 17.09.2021.

O R D E R

Zulfiqar Ali Sangi, J: Through this Criminal Miscellaneous Application, the Applicant has assailed the orders dated 31.05.2021 and order dated 17.07.2021, passed by learned Additional Sessions Judge Ubauro, in Cr. Misc. Application No.948/2021 and Cr. Misc. Application No.1722/2021, whereby applications filed by applicant for lodging of FIR against the proposed accused were dismissed.

2. Learned counsel for the applicant has withdrawn prayer in respect of order dated 17.07.2021, and submitted that he will avail alternate remedy.

3. Learned counsel for the applicant has contended that on 26.02.2021, the proposed accused have attacked upon the applicant party and issued threats for withdrawal of FIR bearing Crime No.34/2021 of Police Station Khambra. He next contended that he approached the concerned police but his FIR was not registered, therefore he approached the learned Justice of Peace but his application was dismissed. He also contended that the justice of Peace has not applied his judicial mind while deciding his application. He further contended that it is duty of the concerned SHO of the police station to record statement of the applicant and if feels that it constitutes a cognizable offence, the same be incorporated in 154 Cr.P.C book. Lastly he prayed that this application be allowed and the SHO concerned be directed to record his statement and if cognizable offence is made out then register the FIR.

4. On the other hand, proposed accused No.1 appeared in person and submitted that no such incident has ever taken place, actually there is dispute in between the parties and applicant wants to register false FIR against proposed accused in order to disgrace them in the eyes of public and prayed that the application may be dismissed.

5. Learned DPG appearing for the State supported the impugned order contending that the same is well-reasoned and does not require any interference of this court

6. Perusal of memo of application reflects that this incident allegedly took place on 26.02.2021 and as per applicant it was result of FIR No.34/2021, the copy of said FIR placed on record by proposed accused No.1, reflects that the same was registered on 31.03.2021, while contention of the applicant is that the proposed accused have attacked upon the applicant party after registration of FIR No.34/2021. It reflects that the applicant has managed a false story only to book the proposed accused in a criminal case showing the date of incident as 26.02.2021 when there was no FIR No.34/2021, on the same date and it was registered on 31.03.2021, which also reflects malice of applicant party in filing of application before the Justice of Peace. The impugned order passed by learned Justice of peace appears to be well-reasoned and does not require any interference of this court. Resultantly this application is dismissed.

JUDGE

Suleman Khan/PA