ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 181 of 2013

 

Date                         Oder with Signature of Hon’ble Judge

 

Priority case

1.     For hearing of main case

2.     For hearing of MA No.1216/2013 (S/A)

 

01.04.2019

Applicant Muhammad Asif Pathan in person

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 02.04.2013 passed by learned Additional Sessions Judge (Hudood)/Ex-Officio Justice of Peace Sukkur, whereby he has directed SHO Police Station Newpind to record the statement of the private respondent and then to convert 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 abducted his son Ramzan in order to blackmail him, he reported the incident to police but his FIR was not recorded and he then by way of making an application u/s 22-A and B Cr.P.C, sought for direction against SHO P.S Newpind to record his FIR, it was issued accordingly by learned Additional Sessions Judge (Hudood)/Ex-Officio Justice of Peace Sukkiur 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 applicant that he has nothing to do with the incident and the very allegation on enquiry ordered by this Court has been found to be false. By contending so, he sought for setting aside of the impugned order.

5.                    It is contended by learned Additional PG for the State that the abducted boy has returned now and he has confirmed the allegation of abduction. By contending so, he sought for dismissal of instant Criminal Miscellaneous Application.

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

7.                    The allegation of the abduction is appearing to be serious in its nature, which could not be overlooked simply for the reason that the abducted boy has now returned. In that situation, learned Additional Sessions Judge(Hudood)/Ex-Officio Justice of Peace Sukkur by issuing the impugned order apparently has committed no wrong which may justify making interference with it. If the applicant is having a feeling that he is innocent and has found to be so, on subsequent inquiry then he may prove his innocence by joining investigation, if so is advised to him, on event of registration of FIR against them.

8.                    The instant Criminal Miscellaneous Application is dismissed along with listed application in above terms.

 

Judge

 

ARBROHI