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

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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