ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.A.No.S-63 of 2024

(Shahzado & Ors Vs. SSP Shikarpur & Ors)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

01.            For orders on office objection.

02.            For the hearing of the main case

03. For orders on M.A.No.720/2024 (S/A).

02.08.2024.

 

Mr. Nadir Hussain Abro, Advocate for the applicants.

Mr. Shewak Rathore, D.P.G for the State.

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

 

1.        Over-ruled.

2&3.   It is alleged by the private respondent that the proposed accused have caused injuries to him with iron pipe and lathies. Based on such application, he by making an application u/s.22-A/B Cr.PC sought direction against SHO, P.S, Amrote Sharif, to record his FIR; it was issued accordingly by learned 4th Additional Sessions Judge/Ex-officio Justice of Peace, Shikarpur, vide order dated 16.02.2024, which is impugned by the applicants before this Court by preferring the instant Crl.Misc.Application.

 

            It is contended by learned counsel for the applicants that the private respondent has sustained injuries on account of his fall from the motorcycle and such certificate has been kept in abeyance by the medical board, yet he intends to involve the applicants in a false case to satisfy his civil dispute with them and such aspect of the case has been lost sight of by learned Ex-officio Justice of Peace while passing the impugned order; the same being illegal is to be examined by this Court.

 

            None has come forward to advance arguments on behalf of the private respondent, however, learned D.P.G for the State by supporting the impugned order has sought dismissal of the instant Crl.Misc.Application.

 

            Heard arguments and perused the record.

 

            The narration made by the private respondent discloses the commission of the cognizable offence; the registration of FIR whereof could not be prevented under the presumption that the injuries subject matter of the present case were caused to him on account of his fall from the motorcycle. The medical certificate so issued might have been kept in abeyance but such fact itself is not enough to reverse the impugned order, which is not found illegal. Consequently, the instant Crl.Misc.Application is dismissed, directing the applicants to join the investigation on registration of FIR and prove their innocence, if so advised.   

                                                                                                         JUDGE