IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Misc. Appln. No. S-  102 of 2024.

Roshan Ali Rajput.                                                               …...…..…….Applicant.

Versus

SHO PP Pakho of P.S Kamber City

& others.                                                                                ….…...….Respondents.

            Mr. Atta Hussain Chandio, Advocate for applicant.

            Mr. Khalil Ahmed Maitlo, Deputy Prosecutor General.

Date of hearing:                    16.05.2024.

Date of order:                       16.05.2014.

ORDER

Shamsuddin Abbasi, J-. Through captioned Criminal Miscellaneous Application, the applicant Roshan Ali Rajput has assailed the order dated 19.03.2024 passed by the learned 2^nd Additional Sessions Judge, Kamber in capacity of Ex-Officio Justice of Peace, whereby an application filed by the respondent No.3 (Gul Muhammad) was allowed, seeking directions to register his FIR against the proposed accused/ present applicant in respect of an offense of issuing cheque which was bounced by the bank authorities and extending  threats.

            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, as well as impugned order prima-facie disclose commission of a cognizable offense with regard to issuance of cheque which was dishonored on  presentation and extending threats by the proposed accused to the complainant.

            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 offense 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. Thus, keeping in view the above legal position, the Ex-Officio/ Justice of Peace appear to have rightly passed the impugned order directing registration of F.I.R of respondent No.3.   However, the learned counsel for applicant 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