IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl. Misc. Appln. No. S- 242 of 2023.
Date of hearing
Order with signature of Judge
1. For orders on office objections.
2. For hearing of main case.
Mr. Ashfaq Hussain Abro, Advocate for applicant.
Mr. Ali Anwar Kandhro, Additional Prosecutor General.
Amjad Ali Sahito, J- Through captioned criminal miscellaneous application, applicant Maqsood Ali Jatoi has impugned the order dated 06.07.2023, passed by the learned 1st Additional Sessions Judge, Kandhkot, in capacity of Ex-Officio/ Justice of Peace, whereby he has directed Circle Officer of Anticorruption Establishment Kashmore @ Kandhkot to conduct the inquiry into the application moved by respondent No.2 (Dil Murad Dahani).
2. Learned counsel submits that respondent No.2 (Dil Murad Dahani) filed an application under Section 22-A & 22-B Cr.P.C before learned Sessions Judge/ Ex-Officio/ Justice of Peace Kashmore @ Kandhkot, seeking directions to SHO concerned to register his F.I.R with regard to misappropriation and corruption in respect of contracts etc. of Cattle Mandi Kandhkot by proposed Maqsood Ahmed Jatoi Administrator of Municipal Committee Kandhkot (the applicant), 2. Abid Hussain Rajput T.M.O and Janib Malik and such application was made over to learned 1st Additional Sessions Judge, Kandhkot. He further submits that notices of the said application were directed to be issued to the proposed accused including present applicant Maqsood Ahmed Jatoi; however on date of hearing i.e. 06.7.2023 the complainant/ respondent No.2 (Dil Murad Dahani) filed an application to learned trial Court for withdrawal of the application under Section 22-A & 22-B Cr.P.C., but no any order was passed on withdrawal application. However, on same day i.e. 06.07.2023 the respondent No.2 (Dil Murad Dahani) moved another application to learned Additional Sessions Judge disclosing therein that the respondents/ accused persons have leveled allegation against him for extorting money from them for withdrawal of the main application. The respondent No.2 (Dil Murad Dahani) further mentioned in his application that he has never obtained any money from accused persons and this allegation may be got enquired through anticorruption authorities. And, on such application the learned Additional Sessions Judge passed order on same date i.e. 06.7.2023 to the effect that “instant application be sent to Circle Officer, Anticorruption Kashmore @ Kandhkot for conducting inquiry into the matter in accordance with law under intimation to this Court with further directions to submit compliance report on the date of hearing viz. 10.07.2023 at 9.00 a.m. positively.” Learned counsel further submitted that, the Circle Officer instead of inquiring into the application made by respondent No.2 (Dil Murad Dahani) with regard to allegation of extortion of money from proposed accused, he issued notice to the parties to inquire into main allegations leveled in the application filed under Section 22-A & 22-B Cr.P.C. Per learned counsel the impugned order/ directions passed by learned Additional Sessions Judge in capacity of Ex-Officio/ Justice of Peace are beyond his mandate and authority conferred upon him by Section 22-A & 22-B Cr.P.C. Learned counsel further added that, the directions were issued to inquire only into contents of application dated 06.07.2023 with regard to obtaining money by respondent No.2 (Dil Murad Dahani) from proposed accused, but the Circle Officer with malafide intention and ulterior motives started investigation into the allegations as leveled in an application under Section 22-A & 22-B Cr.P.C., which is absolutely misconception and misinterpretation of the directions. As such, the impugned order/ directions are not sustainable in law and liable to be set aside.
3. Learned Addl. P.G. appearing for the State does not controvert the submissions made by the learned counsel for the applicant and does not support the impugned order.
4. The contentions as raised by learned counsel for applicant are borne out from the record. Accordingly, in view of submissions made by learned counsel, the instant application stands allowed. Consequently, the impugned order dated 06.7.2023 passed on application filed by respondent No.2 (Dil Murad Dahani), by learned Additional Sessions Judge/ Justice of Peace Kandhkot, is hereby set-aside. However, learned trial Court is directed to proceed with main application filed in terms of Section 22-A & 22-B Cr.P.C., and decide the same in accordance with law.