ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 175 of 2019

Date Order with Signature of Hon’ble Judge

Priority case

1. For hearing of main case

2. For hearing of MA No.1904/2016 (S/A)

22.03.2019

Mr. Iftikhar Ali Arian Advocate for the Applicant

Mr. Shafi Muhammad Mahar, DPG for the State

None for private respondent

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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 order dated 18.02.2016 passed by learned Sessions Judge/Ex-Officio Justice of Peace Khairpur, on application u/s 22-A and B Cr.P.C, whereby he has directed SHO Police Station Pir-jo-Goth to record statement of the private respondent and then to deal with it in accordance with law, if it discloses commission of cognizable offence.

2. As per private respondent the applicant and others by committing trespass into his house after keeping him and his witnesses under fear of death take away his son Allah Wadhayo together with other valuable articles, he went at police station Pir-jo-Goth with request to record his FIR, it was not recorded and he then approached learned Sessions Judge/Ex-officio Justice of Peace Khairpur for issuance of direction to SHO Police Station Pir-jo-Goth to record his FIR by way of filing such application u/s 22-A and B Cr.P.C, it was issued accordingly which is impugned by the applicant now by way of instant Criminal Miscellaneous Application, as stated above.

3. It is contended by learned counsel for the applicant that no incident as alleged by the private respondent has taken place and the private respondent having a criminal record in order to create pressure against the police personnel has sought for direction for recording of his FIR malafidely. By contending so, he sought for setting aside of the impugned order.

4. Learned DPG for the State by supporting the impugned order has sought for dismissal of the instant criminal miscellaneous application.

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

6. As per narration made by the private respondent, the alleged incident has taken place on 23.11.2015 while the direction for recording of FIR has been sought for by him on 27.01.2016 by way of filing an application u/s 22-A and B Cr.P.C, it was with delay of more than one month, such delay could not be overlooked simply for the reason it reflects malafide on the part of private respondent. The SHO Police Station Pir-jo-Goth in his report which he furnished before learned Sessions Judge/Ex-Officio Justice of Peace Khairpur on application u/s 22-A and B Cr.P.C of the private respondent has specifically denied the occurrence of incident, such report has not been rebutted by the private respondent by filing his objections on it, yet it has not been given any weight by learned Sessions Judge/Ex‑Officio Justice of Peace while passing the impugned order, such omission could not be lost sight of. In these circumstances, the impugned order could not be sustained, it is set aside.

7. The instant Criminal Miscellaneous Application is disposed of along with listed application in the above terms.

Judge

ARBROHI