IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc. Appln. No.S-203 of 2022
ORDER WITH SIGNATURE OF JUDGE.
1. For orders on O/objection at flag-A.
2. For orders on CMA No.1599/22
3. For hearing of main case
4. For orders on CMA No.1600/22
Mr. Mehboob Ali Kubar Advocate for Applicant.
Through instant application, the applicant has called in question the order dated 30.03.2022 passed by learned IV-Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur in Crl. Misc. application No.1234 of 2022 under Section 22-A&B Cr.P.C filed by the respondent No.4 Mst. Maria Shaikh. Relevant portion whereof for ease of, reference is re-produced as under;
“I have considered the arguments and perused record. It is, inter alia, contended that on 08.10.2021 the proposed accused persons being armed with deadly weapons forcibly took away the applicant and kept her at unknown place where all the accused persons committed rap with her and now she has become pregnant. The applicant was referred for her medical examination and certificate vide order dated 15.03.2022 passed by the Honourable Sessions Judge, Khairpur over the application of applicant. Such medical certificate is received and same supports the contents of applicant and shows that she is pregnant of 17 weeks. The learned counsel for applicant submitted copy of order dated 09.10.2021 passed by the Honourable Sessions Judge/Ex-Officio Justice of Peace, Naushehro Feroze and stated that the applicant after solemnizing a free will marriage with proposed accused filed said application for protection. The same order shows that on the day of hearing the applicant Mst. Maria was not present in the Court, hence such ground is not helpful to proposed accused at this stage. The applicant present in the Court states that she has not contracted any marriage but she was forcibly taken away and rape was committed with her. The main grievance of the applicant is that proposed accused have committed a cognizable offence but the SHO is refusing to record her statement. It is well settled law that officer-in-charge of police station is duty bound to register the FIR he received information regarding cognizable offence without going into the veracity of the information in question”.
In view of above circumstances and keeping in view the respectful authorities mentioned above, I allow the application in hand and resultantly respondent No.2/SHO is directed to record the statement of applicant and if cognizable offence is made out then he shall incorporate the same in the book of 154 Cr.P.C. I.O. is further directed not to arrest any of the accused nominated in the FIR, if concrete evidence is not available with him”.
Although learned counsel addresses the Court at some length, however, he has failed to point out any illegality, irregularity and or infirmity in the order impugned in the present proceedings. Accordingly, this Crl. Miscellaneous application being devoid of any merit is dismissed in limine alongwith listed applications.
Copy of this order be sent to concerned Justice of peace and SHO concerned for compliance.
J U D G E