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
>>>>>>>…<<<<<<<<
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