ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Misc. Appln. No.S- 591 of 2016
Date Order
with Signature of Hon’ble Judge
For hearing
of main case
04.03.2019
Mr. Altaf
Hussain Heesbani Advocate
for Applicant
Mr. Kashif
Hussain Shaikh Advocate for
private respondent
Mr. Abdul Rehman Kolachi, DPG for the State
>>>>>>>…<<<<<<<<
Irshad Ali Shah,
J;-
The applicant by way of instant Criminal Miscellaneous Application under
Section 561-A, Cr.P.C has impugned the order dated 29.10.2016
passed by learned Ex-Officio Justice of Peace/ Additional Sessions Judge Kandiaro, who on application under Section 22-A and B Cr.P.C, has directed SHO Police
Station Muhabatdero to record statement of the
private respondent u/s 154 Cr.P.C
2. The facts in brief necessary for
disposal of instant criminal miscellaneous application are that the applicant
and others allegedly not only taken away Zamir Hussain the brother of applicant, but taken away his eleven
cattle, he approached the police for recording of his FIR, it was not recorded
and the by way of filing an application u/s 22-A and B Cr.P.C
sought for direction against SHO P.S
Muhabatdero to record his FIR against the applicant
and others which was issued by way of order dated 29.10.2016 which the applicant
has impugned before this Court, as stated above.
3. It
is contended by learned counsel for the applicant that there is dispute between
the parties over landed property and private respondent in order to satisfy his
dispute with the applicant and others is intending to involve them in this case
falsely. By contending so, he sought for setting aside of the impugned order.
4. Learned
DPG for the State and learned counsel for the private respondent by supporting
the impugned order have sought for dismissal of the instant criminal
miscellaneous application by contending that the applicant and others have
committed a cognizable offence.
5. I
have considered the above arguments and perused the record.
6. The
allegation which is leveled against the application and others is that of
abduction of a person which is coupled with allegation of robbery, same being
serious in nature could not be lost sight of. In that situation, learned
Ex-Officio Justice of Peace/Additional Sessions Judge Kandiaro
was right to order recording of statement of the private respondent u/s 154 Cr.P.C. By doing that, he has committed no illegality,
which could be examined by this Court by way of instant Criminal Miscellaneous
Application. It is dismissed accordingly.
Judge
ARBROHI