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.
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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