Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

CR. MISC. A. NO.S-351 OF 2009.

Mst Shams-U-Nissa. . .V. . .SHO Gulab Leghari and another

Date              Order with signature of Judge

12.10.2009. 

1. FOR ORDERS ON OFFICE OBJECTION AND REPLY OF THE ADVOCATE FOR APPLICANT.

FOR KATCHA PESHI.

Mr. Ghulamullah Chang, Advocate for applicant alongwith the applicant.

Mr. Shahid Ahmed Shaikh, Assistant Prosecutor General.

. . . .

      The impugned order has been passed on the sole ground that the incident had taken within the jurisdiction of Police Station Tando Muhammad Khan as, per contents of application under section 22-A & B Cr.P.C., the medico legal certificates were also obtained from the Taluka Hospital Tando Muhammad Khan.

      From the perusal of application under section 22-A & B Cr.P.C, filed before the learned Sessions Judge/ Ex-Officio Justice of Peace, Badin, I do not find such fact. Per learned counsel the Taluka Hospital Tando Muhammad Khan is near to their residence, therefore, the injured went to Taluka Hospital Tando Muhammad Khan for treatment. The provisions of section 154 Cr.P.C., are mandatory in nature and the SHO/Incharge of the police station is bound to register the F.I.R. when he received the information in respect of a cognizable offence. The learned Sessions Judge Badin did not take into consideration such aspect of the mandatory provision of law.

      In view of the above, I set aside the impugned order passed by Sessions Judge, Badin, and direct the SHO Police Station Gulab Leghari for registration of the case. Applicant Mst Shams-u-Nissa is directed to approach respondent No.1 in this regard.

      Criminal Miscellaneous Application is disposed of in the above terms.

                                                      J U D G E