ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 574 of 2016

 

1.                 For hearing of main case

2.                 For hearing of MA No.12888/2015

14.01.2019

M/s Anwer Ali Lohar and Yasir Arafat Mahar Advocates for the Applicants.

M/s Ubedullah Ghoto and Achar Khan Gabole Advocates for the private respondent

            Syed Sardar Ali Shah Rizvi, DPG for the State

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Irshad Ali Shah, J;-  The applicants by way of instant criminal miscellaneous application under Section 561-A, Cr.P.C have impugned the order dated 07.12.2015 passed by learned Ex-Officio Justice of Peace/ 1st Additional Sessions Judge Ghotki on application under Section 22-A(6)(i) Cr.P.C, whereby he has directed SHO Police Station Daharki to record statement of the private respondent under Section 154 Cr.P.C

 2.       The operative part of the impugned order reads as under:-

“It appears that there are serious allegations against the proposed accused, so in these circumstances, the SHO concerned is directed to record the statements of petitioner u/s 514 Cr.P.C and take further action in the matter. The complainant is directed to appear before the concerned SHO at Daharki along with his witnesses for the purpose of recording their statements.”

3.        It is alleged by the private respondent that the applicants after having formed an unlawful assembly and in prosecution of their common object committed murder of Mashooque Ali alias Shanti Tanweri and his brother Mir Hassan Kobhar under the pretext of police encounter for that according to him his FIR was not recorded by the police. He therefore by way of an application under Section 22-A (6)(i) Cr.P.C sought for direction against police to record his FIR in respect of above said incident which was issued by learned Ex-Officio Justice of Peace/ 1st Additional Sessions Judge Ghotki by way of order which the applicants have impugned before this Court as stated above.

4.        It is contended by learned counsel for the applicants that the deceased were having criminal record and they were died of police encounter for that an FIR was registered by the police. By contending so, he sought for setting aside of the impugned order as same according to him has been passed by learned Ex-Officio Justice of Peace/ 1st Additional Sessions Judge Ghotki without lawful justification.

5.        It is contended by learned counsel for the private respondent that the deceased were not hardened criminals, they were involved by the police in false cases at the instance of influential person of the locality, in all such cases they were acquitted by the competent courts of law, they were killed by the police without any lawful justification, which constitutes a cognizable offence. By contending so, by supporting the impugned order sought for dismissal of the instant criminal miscellaneous application.

6.        Learned DPG for the State supported the impugned order.

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

8.        The allegation leveled against the applicants with regard to the death of deceased is serious in nature same as such could not be lost sight of simply for the reason that they have died of the police encounter, same obviously constitutes a cognizable offence. In these circumstances, learned Ex-Officio Justice of Peace/ 1st Additional Sessions Judge Ghotki was right to order for recording statement of private respondent under Section 154 Cr.P.C by way of impugned order which is not calling for any interference by this Court by way of instant criminal miscellaneous application. If the applicants are having a feeling that they being innocent are being involved by the private respondent falsely then they could prove their innocence by joining the investigation.

9.        In view of above, the instant Criminal Miscellaneous Application is dismissed along with listed application.

 

Judge

 

 

ARBROHI