ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-37 of 2023.

Date of hearing

Order with signature of Judge

For hearing of main case.

20.02.2023.

                        Mr. Sher Ali Chandio, Advocate for the applicants.

                        Mr. Abid Hussain Kalhoro, Advocate for private respondent.   

Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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ZULFIQAR ALI SANGI, J;- It is alleged by the private respondent Abdul Jabbar that the applicants and others after having formed an unlawful assembly and in prosecution of their common object by committing criminal intimidation caused danda and lathies blows/injuries to private respondent when he approached them for return of his wife for that his FIR was not recorded by the police, therefore, he by way of making an application Under Section 22-A & B Cr.PC sought for direction against SHO, P.S, Mehar, to record his FIR for the above said incident and it was issued by learned 1^st Additional Sessions Judge/Ex-officio Justice of Peace, Mehar, vide his order dated 30.01.2023, which is impugned by the applicants before this Court by way of preferring the instant Crl.Misc.Application Under Section 561-A Cr.PC.

2.         Per learned counsel for the applicants, no such offence as alleged by the private respondent has taken place but he is intending to involve the applicants in a false case in order to satisfy his matrimonial dispute with them being close relatives; therefore, the impugned order being self contradictory could not be sustained and its requires reversal at this forum.

3.         Learned counsel for the private respondent and learned D.P.G for the State while supporting the impugned order contended that the offence of injuries and criminal intimidation constitutes a cognizable nature, therefore, learned Ex-Officio Justice of Peace was right to record FIR of private respondent against the applicants and others by way of impugned order which requires no interference by this Court and the instant Crl. Misc. Application filed by the applicants being meritless is liable to be dismissed.

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

5.         Obviously, the parties are already disputed over the matrimonial affairs which is apparent of Habeas Corpus Petition together with copy of Family Suit filed against the private respondent, produced on record by the applicants and it is further substantiated from the report of SHO, P.S, Mehar filed before learned Ex-Officio Justice of Peace. Moreover, there is no medical certificate in respect of injuries sustained by the private respondent but the allegation of criminal intimidation could hardly constitutes an offence of cognizable nature, in that situation, there was no need for learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace, Mehar, to have directed SHO, P.S, Mehar to record statement of the private respondent for the purpose of FIR. 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 the private respondent to have a re-course Under Section 200 Cr.PC, if he desires so.

                                            JUDGE