ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-305 of 2017.

Date of hearing

Order with signature of Judge

1. For orders on office objection “A”

2. For hearing of main case.

17.12.2018.

                        Mr.Ali Nawaz Ghanghro, Advocate for the applicant.

            Mr.Habibullah Ghouri, Advocate for private respondents.                          Mr.Muhammad Noonari, D.P.G for the State.

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                        The applicant has impugned before this Court order dated 03.09.2016, passed by learned Session Judge/Ex-Officio Justice of Peace, Shikarpur, whereby his application u/s 22-A (6) & B Cr.PC for issuance of direction against SHO P.S, Daim Malik, to record his FIR in respect of death of his nephew Asghar Ali by way of electric shock allegedly at the hands of the private respondents was dismissed with the following observation;

“Apparently there is murderous enmity between the applicant and the proposed accused and an FIR bearing Crime No.14/2015 is already lodged at P.S Daim Malik. Nephew of applicant namely Asghar Ali has died on 04.05.2016, but the applicant has filed instant application on 22.08.2016 with the delay of more than three and half months without furnishing proper explanation. The autopsy conducted by Medical Officer, Taluka Hospital Lakhi and inquiry report submitted by the DSP Lakhi suggests that deceased had died due to Electric shock allegedly sustained by him, while working at flour Mill. I therefore, find no merits in the application and dismiss the same”.

                        It is contended by learned counsel for the applicant that the deceased has been done to death in a very clandestine manner allegedly by the proposed accused; as such the learned Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, ought not to have declined to issue direction for recording of FIR of the applicant. By contending so, he sought for reversal of the impugned order with direction to SHO P.S Daim Malik to record FIR of the incident at the instance of the applicant.

                        Learned D.P.G for the State and learned counsel for the private respondents by supporting the  impugned order have sought for dismissal of the instant Crl.Misc.Application by contending that the applicant is intending to involve the private respondents in a false case in order to satisfy his old enmity with them.

                        I have considered the above arguments and perused the record.

                        Admittedly, deceased Asghar Ali has died of electric shock and such shock according to the applicant was caused to the deceased by the private respondents. If it is true then it constitutes a cognizable offence, which requires probe. In that situation, the learned Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, ought not to have declined issuing direction for recording FIR of the applicant by making the observation on very merits of the case. In these circumstances, the impugned order is set aside. Consequently, SHO, P.S, Daim Malik, is directed to record statement of the applicant u/s 154 Cr.PC for further action in accordance with law.

                        Needless to state that the private respondents if are carrying a feeling that they are being involved by the applicant in a criminal case falsely to satisfy his old enmity with them, then they may prove their innocence before the police by joining the investigation, if so is advised to them.

                        The instant Crl.Misc.Applicatoin is disposed of accordingly.

                                        JUDGE

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