ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc Appl No.S-107/2018

 

Date

               Order with signature of Judge

           

                                   

                                     

For katcha peshi

For hearing of MA No. 894/2018

 

19.03.2018

 

Mr. Nusrat Hssain Memon, Advocate for applicant.

Mr. Syed Qamber Ali Shah Kazmi, Advocate for private respondent.

Mr. Sardar Ali Shah, DPG.

 

                                      *****************

 

                           By way of instant application, applicant has impugned the order dated: 07.02.2018 of learned 2nd Additional Sessions Judge/Justice of Peace Ghotki, whereby, he issued direction to record statement of private respondent and then to incorporate the same into 154 Cr.PC book, if it discloses commission of cognizable offence.

 

2.                        The allegation against the applicant is that he with the rest of the culprits, being armed with deadly weapons, by committing trespass into the house of private respondent snatched from him his cheque book, robbed him of his belongings and went away by maltreating him. For that, private respondent approached police for recording his FIR, but it was not recorded. Then he filed an application u/s: 22-A Cr.PC it was decided by learned 2nd Additional Sessions Judge/Justice of Peace Ghotki, whereby SHO concerned was directed to record statement of private respondent and then to incorporate the same into 154 Cr.PC book, if it discloses commission of cognizable offence. The applicant being aggrieved of above said order has impugned the same before this court, by way of instant miscellaneous application, as stated above.

 

3.                        It is contended by the learned counsel for applicant that no offence has taken place and private respondent is intending to involve the applicant in false case, in order to settle his dispute with him over the money matter. By contending so, he sought reversal of impugned order.

 

4.                        It is contended by learned counsel for private respondent that applicant has committed cognizable offence, for that he is liable to be prosecuted in accordance with law. By contending so, he sought for dismissal of instant miscellaneous application.

 

5.                        Learned DPG has supported the impugned order.

 

6.                        I have considered the above arguments and perused the record.

7.                        The allegation against the applicant is that he with rest of the culprits by committing trespass into the house of private respondent snatched from him his cheque book, robbed him of his belongings, maltreated him and then went away. The allegation so leveled against the applicant prima facie constitutes cognizable offence. In such situation, registration of FIR could not be defeated, only for the reason that the applicant is being involved in false case by the private respondent on account of his dispute with him over money matter. No illegality apparently is committed by learned 2nd Additional Sessions Judge/Justice of Peace, Ghotki, while passing the impugned order, which may justify interference with it, by this court, by way of instant miscellaneous application, which is hereby dismissed. 

 

                                                                                                                        JUDGE     

 

 

 

 

 

 

 

 

Sajjad