THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Criminal Misc. Application No. S-104 of 2022
Applicant: Pehlwan Golo,
Through Mr. Nasrullah Muhammad Bux Solangi, advocate.
State: Through Mr. Aitbar Ali Bullo, D.P.G
Date of hearing: 17-02-2023
Date of Decision: 17-02-2023
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O R D E R
ZULFIQAR ALI SANGI, J.- Through this Criminal Miscellaneous Application, filed under Section 561-A Cr.P.C, the applicant has assailed the impugned order dated 25.03.2022, passed by the learned District & Sessions Judge/Justice of Peace, Kashmore @ Kandhkot, whereby he has dismissed the application U/S 22-A & 22-B Cr.P.C of applicant.
2. Applicant has stated in his application that one Mst. Saima daughter of Nabi Bux contracted marriage with the nephew of applicant namely Mohammad Zaman Son of Mohammad Younis in the year 2016, as such the proposed accused declared Karo to nephew of applicant. On 01-01-2022, at about 01:00 am night proposed accused entered in the house of applicant, made aerial firing and committed dacoity of valuable articles of house. It is further alleged that on 17-01-2022, proposed accused alongwith 50 unknown culprits armed with deadly weapons entered into the house of applicant and committed dacoity of cash, silver and other valuable articles.
2. The applicant firstly approached the S.H.O P.S. Gublo Katcho, who refused to lodge the F.I.R, thereafter, he approached the Justice of Peace, who called the reports from S.H.O P.S. Gublo Katcho and D.S.P Complaint Cell Kashmore @ Kandhkot, who have submitted their reports, stating therein that no such incident as alleged by applicant has ever taken place. It is further reported by DSP Complaint Cell that there is matrimonial dispute between both the parties after the marriage of Mst: Saima, daughter of proposed accused Nabi Bux with Muhammad Zaman, nephew of applicant. Thereafter the learned Ex-Officio Justice of Peace turned down his application vide impugned order dated 25.03.2022, hence this application.
3. Learned counsel for the applicant has contended that while passing impugned order the learned Sessions Judge/Ex-Officio Justice of Peace has not mentioned any cogent reasons, he has failed to act judicially. He further submits that the proposed accused have robbed precious house hold articles, 22 tola gold, 28 cattels and another previous articles from the house of applicant, therefore, the S.H.O concerned did not register the F.I.R of the applicant who narrated him the facts of the cognizable offence as stated above, though the S.H.O was duty bound to register the F.I.R of applicant into the book U/S 154 Cr.P.C, against the proposed accused. He further submits that finding no alternate the applicant approached the Ex-Officio Justice of Peace, who was required to direct concerned S.H.O to register the F.I.R. He further submits that section 22-A & B Cr.P.C empowers the learned trial court to issue directions to police concerned on complaint regarding non-registration of criminal case. He further submits that proposed accused have committed an offence, therefore, they are liable to be dealt in accordance with law. He has therefore, prayed that respondent No.1 be directed to register the F.I.R against the proposed accused persons, who have committed the cognizable offence.
4. The learned D.P.G has opposed the present application and supported the impugned order.
5. Heard learned counsel for the applicant, learned D.P.G and perused the record with their able assistance.
6. From perusal of record, it appears that applicant has narrated history of old dispute in between the parties and disclosed that on 01.01.2022, proposed accused forcibly entered in their house and committed dacoity so also made aerial firing and issued threats of murders to the applicant party. Again on 17.01.2022, proposed accused alongwith 50 other persons entered into the house of applicant and again committed dacoity, snatched property, list mentioned in the application. It is very surprise that accused persons entered into the house of applicant and committed dacoity and took away house hold articles and after lapse of about 02 months of first incident and about 01 month of last incident, the applicant approached the Justice of Peace and filed the Crl: Misc: application which clearly indicates that same has been filed with malafide intention and ulterior motives.
7. Further perusal of record reveals that the applicant failed to bring on record cogent material whatsoever in respect of the alleged incident and considering such facts, the learned Ex-Officio Justice of Peace dismissed his application. It appears that the applicant has not come to this court with clean hands and filed the present application with the sole intention to drag the matter.
8. It is duty of the Justice of Peace that while scanning the averments of application for registration of F.I.R, he must apply his judicial mind being a Senior Judicial Officer and adjudge the entire set of allegations cautiously. Justice of Peace is not bound to issue directions to police in each and every case to record the statement of complainant if apparently no cognizable offence is made out or complaint is tainted with malice and based with ulterior motives, he can call report from SHO concerned to examine the authenticity of the allegations levelled against the defending party. Justice of Peace should also keep in his mind such aspect that any direction issued unnecessarily or in routine manners shall cause humiliation, harassment and mental agony to the proposed accused and it would take years to conclude the trial of the case arisen out of any F.I.R.
9. For what has been discussed above, it appears that the applicant has failed to make out any case for taking cognizance of the offence and no any illegality or irregularity has been committed by the Justice of Peace while passing the impugned order. Resultantly, instant Criminal Miscellaneous Application is dismissed.
JUDGE
Abdul Salam/P.A