THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc. Application No.S-15 of 2022

Applicant:            Khaleel Ahmed, through Mr. Habibullah G. Ghouri, Advocate

Respondents:      The State    Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  24.11.2022

Date of Order:     24.11.2022

O R D E R

AMJAD ALI SAHITO, J.- Through this Criminal Miscellaneous Application, applicant has impugned the Order dated 08.01.2022, passed by learned Sessions Judge/Ex-Officio Justice of Peace, Kashmore at Kandhkot in Criminal Miscellaneous Application No.05/2022 (Re-Mst. Habiban v/s. S.H.O. P.S. Ghouspur and another) for registration of F.I.R. against the police officials.

2.      Per learned counsel, after filing of application a report was called from the D.S.P (Complaint Cell) Kashmore-Kandhkot, wherein he has stated that son of the complainant namely Saifullah is the criminal type of person and involved in Crime No.51/2019, offence under section 392 P.P.C and in order to keep pressure upon the police officials registered the false case.  He further added that no offence has been committed by the accused persons, but without considering the report, the learned Sessions Judge / Ex-officio Justice of Peace, Kashmore at Kandhkot has passed the impugned order.

5.      On the other hand, learned counsel Deputy Prosecutor General supported the impugned order.

6.      Heard and perused.  From perusal of the report of the D.S.P. (Complaint Cell) it reflects that son of the complainant namely Saifullah is involved in Crime No.51/2019, offence under section 392 P.P.C of Police Station Ghouspur when they have tried to arrest the nominated accused persons, the mother of applicant appeared before the Ex-Officio Justice of Peace, Kashmore-Kandhkot for registration of the F.I.R.  Since the police officials in pursuance of their official duty tried to arrest the accused persons but respondent No.2/complainant by placing the matter has obtained order for registration of the F.I.R.

                   In view of the above, instant Criminal Miscellaneous Application is allowed, the Order dated 08.01.2022, passed by learned Sessions Judge/Ex-Officio Justice of Peace, Kashmore-Kandhkot is set aside.  However, respondent No.2/complainant is at liberty to file Direct Complaint before the competent Court of law having jurisdiction.

                   Instant Criminal Miscellaneous Application stands disposed of in the above terms.

                                J U D G E

Manzoor