ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-217 of 2022

 Date of hearing

Order with signature of Judge

 

For hearing of main case.

27.02.2023.

                        Mr. Jamal Nasir Bullo, Advocate for the applicant.

M/S. Athar Abbas Solangi  & Ashfaque Hussain Abro, Advocate(s) for the proposed accused.           

Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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ZULFIQAR ALI SANGI, J;- Through instant Crl.Misc.Application filed in terms of Section 561-A Cr.PC, the applicant has assailed order dated 06.07.2022, passed by learned 3rd Additional Sessions Judge, Shikarpur, whereby his application Under Section 22-A (6) (i) Cr.PC sought for direction against SHO, P.S, Madeji, to record his FIR for the alleged offence committed by the proposed accused as is detailed in his proposed FIR,   was dismissed.

2.         Per learned counsel for the applicant, learned 3rd Additional Sessions Judge, Shikarpur, has committed illegality while passing the impugned order and it was passed in hasty manner without considering the medical account showing the injuries received by him and his brother coupled with certain documents in his favour, therefore, the impugned order being self contradictory could not be sustained and its requires reversal at this forum. In support of his contentions, he relied upon case laws reported in   PLD 2007 (SC)-539, 2020 PCr.LJ-119, 2015 YLR-816, 2013 PCr.LJ-117, 2012 PCr.LJ-180, 2009 PCr.LJ-634, 2011 YLR-2466, 2012 YLR-360 and 2008 MLD-1142.

3.         Conversely, learned counsels for the proposed accused and learned D.P.G for the State while supporting the impugned order submit that no such incident as alleged by the applicant has taken place but he is intending to involve the proposed accused in a false case in order to satisfy his political rivalry; therefore, the impugned order being well reasoned requires no interference by this Court and the instant Crl.Misc.Application filed by the applicant being meritless is liable to its dismissal. In support of their contentions, learned counsels for proposed accused relied upon cases reported in 2015 PCr.LJ-846 and 2014 MLD-1033.

4.         Heard learned counsel for the parties and perused the material made available on record with their able assistance.

5.         The meticulous perusal of the record reflects that the applicant and his brother/witness sustained injuries during course of scuffle took place in between him and proposed accused in Local Bodies Eelction-2022 and such factum of the incident has also been affirmed by the DSP Complaints Cell and SHO P.S Madeji in their reports. Moreover, the medical record produced by the applicant before this Court is entailing the grievous injuries, in that situation, learned 3rd Additional Sessions Judge, Shikarpur, was not right to have declined, issuance of direction for recording the FIR of applicant, therefore, the contention of applicant at this stage carries substance. Consequently, the instant Crl.Misc.Application is allowed and the impugned order being evasive could not be sustained; it is set-aside, with direction to SHO, P.S, Madeji, to record statement of the applicant and there-from it appears that cognizable offence is made out then to register his FIR and to proceed further in accordance with law.

                                                                                                        JUDGE

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