IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Misc. Appln. No. S- 57 of 2023.

Muhammad Rafique Magsi.                                                   …….....…....…….Applicant.

Versus

The State and others.                                                             ….......…...….Respondents.

            Applicant present in person.

            Mr. Saleemullah Abbasi, Advocate for respondent No.3 (Munir Ahmed). 

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing:          31.03.2023.

Date of order:              31.03.2023.

ORDER

Zulfiqar Ali Sangi, J-.      Through captioned Criminal Miscellaneous Application, the applicant Muhammad Rafique Magsi has assailed the order dated 16.02.2023 passed by the learned Sessions Judge, Kamber-Shahdadkot @ Kamber, in capacity of Ex-Officio Justice of Peace, whereby an application filed by the respondent No.3    (Munir Ahmed) was allowed seeking directions to register his FIR against the proposed accused/ present applicant in respect of issuance of two cheques, which were allegedly bounced.

            A bare perusal of the material available on record, particularly the contents of proposed F.I.R filed with application under Section 22-A and 22-B Cr.P.C, and impugned order as well prima-facie disclose commission of a cognizable offence.

            It is settled principle of law that under Section 22-A (6) Cr.P.C the Ex-Officio/ Justice of Peace is supposed to examine whether the information disclosed by the applicant did or did not constitute a cognizable offence and if it did, then to direct the concerned SHO to record an F.I.R without going into the veracity of the information in question, looking to the fact that each case is to be decided on its own facts and the circumstances. Thus, keeping in view the above legal position, the Ex-Officio/ Justice of Peace appears to have rightly passed the impugned order.   However, the applicant who is present in person has not been able to point any illegality or infirmity in the impugned order.

            In view of above, the instant criminal miscellaneous application being merit-less is hereby dismissed. 

                                                       Judge

Ansari