IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc. Application No.S-138 of 2018

Applicant                   :                      Through Mr.Ghulamullah Memon, Advocate

Respondents              :                     Through Mr.Ahmed Bux Abro, Advocate

for  the proposed accused Muharram and Nazir &

                                                           Mr. Raja Imtiaz Ali Solangi, A.P.G                                                           

Date of hearing       :                       23.07.2018 

Date of order          :                       23.07.2018

O R D E R

IRSHAD ALI SHAH. J- The applicant by way of instant application u/s.561-A Cr.PC has impugned an order dated 25.05.2018, of learned Additional Sessions Judge-III/Ex-Officio Justice of Peace, Dadu, whereby his application for grant of protection to him and his family, recovery of his son Abid and recording his FIR in respect of abduction of his son Abid with intention to commit his murder at the hands of proposed accused was dismissed.

2.                    It is contended by learned counsel for the applicant that the learned Additional Sessions Judge-III/Ex-Officio Justice of Peace, Dadu, has dismissed the application of the applicant without any legal justification, as according to him the police is under lawful obligation to recover a person detained and/or to record FIR of the incident on disclosure of the cognizable offence, and to provide protection to the applicant and his family members in accordance with law being their constitutional right.

3.                    Learned A.P.G for the State has supported the impugned order of learned Additional Sessions Judge-III/Ex-Officio Justice of Peace, Dadu.

4.                    It is contended by learned counsel for the proposed accused Muharram and Nazir that no incident as alleged by the applicant has taken place, the son of the applicant is a proclaimed offender and the applicant is intending to involve the innocent persons in false cases only to satisfy his enmity with them. By contending so, he sought for dismissal of the instant application.

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

6.                    The allegation which is leveled by the applicant with regard to abduction of his son Abid at the hands of proposed accused is serious in nature, it apparently discloses commission of cognizable offence, the registration of the FIR whereof on statement of the applicant could hardly be refused under the pretext that the allegation leveled by the applicant is false and/or his son is a proclaimed offender. In that situation, the order of learned Additional Sessions Judge-III/Ex-Office Justice of Peace, Dadu,    is set aside. Consequently, SHO, P.S, K.N.Shah is directed to record the statement of the applicant and then to incorporate the same into 154 Cr.PC book, if it discloses commission of cognizable offence.  If for the sake of arguments, it is believed that the applicant is intending to involve proposed accused in false case then they have opportunity to prove their innocence before the police by joining the investigation.

7.                    SHO P.S K.N.Shah is directed to provide protection to the applicant and his family members in accordance with law, in the event of need. Needless to state that on recovery of alleged abductee, he would be subjected to law.

8.                    The instant application is disposed of accordingly.

                             J U D G E