ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 589 of 2016

Date Order with Signature of Hon’ble Judge

For hearing of main case

For hearing of MA 3114/2016 (stay)

15.03.2019

Mr. Abdul Qadir Khanzada Advocate for petitioners.

Mr. Faiz Muhammad Leghari Advocate for respondents.

Mr. Aftab Hussain Shar Additional P.G

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Irshad Ali Shah, J; The applicants by way of instant Criminal Miscellaneous Application under Section 561-A Cr.PC, have impugned order dated 15.03.2016, passed by learned Ist Additional Sessions Judge / Ex-Officio Justice of Peace, Naushahro Feroze, whereby he on application under Section 22-A & B Cr.P.C filed by the private respondent has directed SHO PS Padidan to record her statement and then to incorporate the same into FIR, if it discloses commission of cognizable offence.

2. The fact in brief necessary for disposal of instant Criminal Miscellaneous Application as per private respondent are that the applicants in order to satisfy their dispute with her over ancestral property by maltreating went away by issuing threats of dire consequences to her. She allegedly approached SHO PS Padidan for recording of her FIR, it was not recorded and then she sought for direction against SHO PS Padidan to record her FIR by way of making an application under Section 22-A & B, Cr.P.C, which was issued and same now has been impugned by the applicants as stated above.

3. It is contended by learned counsel for the applicants that no incident as alleged by the applicants has taken place and she in order to satisfy her dispute with applicants over ancestral property is intending to involve them in a false case malafidely. By contending so, he sought for setting aside of the impugned order.

4. Learned APG for the State and learned counsel for private respondents have sought for dismissal of the instant Criminal Miscellaneous Application by contending that the impugned order is well reasoned.

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

6. The allegations levelled by the private respondent is that of maltreatment with threats of dire consequences, same if is seen in the light of existing dispute between the parties over ancestral property, it smells of malafide. In that situation, learned Ist Additional Sessions Judge / Ex-Officio Justice of Peace, Naushahro Feroze ought not to have ordered SHO PS Padidan for recording statement of the private respondent with direction to him to incorporate the same into FIR, if it constitutes a cognizable offence. It is set aside with an advice to private respondent to file direct complaint of the incident before the Court having jurisdiction.

7. Instant Criminal Miscellaneous Application is disposed of in above terms.

Judge