ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No.S- 368 of 2018

Date Order with Signature of Hon’ble Judge

For hearing of main case.

20-05-2019.

Mr. Illahi Bux Jamali, advocate for applicant.

Respondent No. 5 in person.

Mr. Syed Sardar Ali Shah Rizvi, Deputy P.G

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Irshad Ali Shah, J; The applicant by way of instant Criminal Miscellaneous Application under Section 561-A Cr.PC, has impugned order dated 26-04-2018, passed by learned Additional Sessions Judge/ Ex-Officio Justice of Peace, Kandiaro, whereby he has dismissed an application u/s 22-A & B Cr.P.C of the applicant which he filed there for issuance of direction against SHO PS Kandiaro for recording his FIR against the proposed accused for taking away his truck and brother Manthar.

2. It is contended by learned counsel for the applicant that the narration made by the applicant obviously was constituting a cognizable offence, as such learned Additional Sessions Judge/Ex-Officio Justice of Peac Kandiaro was not justified to have dismissed the application of the applicant. By contending so, he sought for direction against SHO PS Kandiaro to record the statement of the applicant u/s 154 Cr.PC.

3. Learned APG for the State, who is assisted by proposed accused Mumtaz Ali has sought for dismissal of the instant application by contending that the applicant is intending to involve the proposed accused in this case falsely.

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

5. The allegation which is leveled by the applicant against the proposed accused for taking away his truck and his brother Manthar is serious in its nature, same of course constitute cognizable offence of heinous nature, the registration of the FIR whereof could not be prevented under any circumstances. The SHO PS Kandiaro is therefore directed to record statement of the applicant under section 154 Cr.PC and then to proceed with it in accordance with law. If the proposed accused are having feeling that they are innocent, then they could prove their innocence by joining the investigation.

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

Judge

Rafi