ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 516 of 2018

Date Oder with Signature of Hon’ble Judge

Priority case

1. For hearing of main case

2. For hearing of MA No.3526/2016 (S/A)

01.04.2019

Mr. Achar Khan Gabole Advocate for the applicant

Mr. Illahi Bux Jamali Advocate for private respondents

Mr. Aftab Ahmed Shar, Additional PG 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 order dated 04.06.2018 passed by learned 3^rd Additional Sessions Judge/Ex-Officio Justice of Peace Naushahro Feroze, whereby he has directed SHO Police Station Bhiria City to record statement of the private respondent and then to incorporate the same into FIR, if it discloses commission of cognizable offence.

3. The facts in brief necessary for disposal of instant Criminal Miscellaneous Application as per the private respondent are that the applicant and others by committing trespass in her house in order to satisfy the dispute over landed property have maltreated Mst. Hajani and others, the incident was reported to SHO Police Station Bhiria City, it was not recorded by him and then he by way of making an application u/s 22-A and B Cr.P.C, sought for direction against SHO P.S Bhiria City to record his FIR, it was issued accordingly by learned 3^rd Additional Sessions Judge/Ex-Officio Justice of Peace Nausharo Feroze by way of his order which is impugned by the applicant before this Court by way of instant Criminal Miscellaneous Application, as stated above.

4. It is contended by the learned counsel for the applicant that the private respondent in order to satisfy his enmity with the applicant and others is intending to involve them in a false case. By contending so, he sought for setting aside of the impugned order.

5. It is contended by learned Additional PG for the State and learned counsel for the private respondent that the injury sustained by Mst. Hajani is cognizable in its nature which calls for its investigation through police. By contending so, they sought for dismissal of instant Criminal Miscellaneous Application.

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

7. In all ten persons have been affected by way of the impugned order but it is challenged by the applicant alone which prima facie indicates that it is accepted by rest of the affected persons. Even otherwise there is no denial to the fact that one of the injury sustained by Mst. Hajani during course of the alleged incident has been opined to be cognizable in its nature. In that situation, learned 3^rd Additional Sessions Judge/Ex-Officio Justice of Peace Naushahro Feroze was justified to issue direction for recording the statement of the private respondent for further action in accordance with law. No cogent ground is advanced by the applicant which may justify making interference with the impugned order by this Court by way of instant Criminal Miscellaneous Application, it is dismissed accordingly.

Judge

ARBROHI