ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.A.No.S-230 of 2024

(Mst.Ajeeban Kehar Vs. SSP Shikarpur & Ors)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

01. For orders on M.A.No.4118/2024 (U/A).

02. For orders on office objection.

03. For orders on M.A.No.4119/2024 (E/A).

04. For the hearing of the main case.

 

22.07.2024.

 

Mr. Shahbaz Ali Brohi, Advocate for the applicant.

                                                 -.-.-.-.-.-.-.-.-.-

 

01.      Urgency granted.

02.      Over-ruled.

03.      Granted subject to all just exception.

04.      It is alleged by the applicant that the proposed accused who are police officials, by making trespass in her house, have fired and injured PW Waseem Ali. Based on such an allegation, she by making an application u/s.22-A/B Cr.PC sought direction against the SHO, P.S Sultan Kot, to record her FIR; it was dismissed by learned 4th Additional Sessions Judge/Ex-officio Justice of Peace Shikarpur, vide order dated 04.07.2024, which is impugned by the applicant before this Court by preferring the instant Crl.Misc.Application u/s.561-A Cr.PC.

 

            It is contended by learned counsel for the applicant that a cognizable offence has taken place yet the learned Ex-officio Justice of Peace has declined to direct the police to record FIR of the applicant at her verbatim by way of impugned order; the same being illegal is to be examined by this Court.

 

            Heard arguments and perused the record.

 

            As per the police report,  the injured sustained injuries during an armed encounter with the police for which a FIR bearing Crime No.17/2024, u/s.401,353,337-F(ii), 34 PPC has been recorded with P.S Sultan Kot. Probably, the applicant to create a defence to the above said FIR intends to get another FIR registered for the same incident, which is not permissible at law. In these circumstances, the learned Ex-officio Justice of Peace was right to dismiss the application of the applicant, declining to direct the police to record her FIR by way of an impugned order, which is not found illegal to be interfered with by this Court way of instant Crl.Misc.Application, it is dismissed in limine.

 

                                                                                                            JUDGE