IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc. Appln. No.S-203 of 2022
|
DATE
OF HEARING |
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
22.04.2022
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
Ihsan.