ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.A.No.S-283 of 2018.

Date of hearing

Order with signature of Judge

For hearing of main case.

30.11.2018.

                        Mr.Habibullah Ghouri, Advocate for the applicant.

Mrs. Akhtiar Begum, Advocate for private respondents

Mr.Sharafuddin Kanhar, A.P.G.

~.~.~.~.~.~.~.~.~.~.~

                        The applicant----------

by way of instant Crl.Misc.Applicatoin  u/s.561-A Cr.PC, has impugned an order dated 28.09.2018, passed by learned 2^nd Additional Session Judge/Ex-Officio Justice of Peace, Larkana, whereby he has dismissed application u/s.22-A & B Cr.PC which was filed by the applicant, for issuance of direction against the police to record her statement for the purpose of FIR.

                        The facts in brief necessary for disposal of instant Crl.Misc.Application are that as per applicant, the private respondents in furtherance of their common intention, by committing trespass into house of applicant, attempted to abduct the applicant and on her resistance and protest, they torn her clothes and then went away by outraging her modesty, she approached the police for recording of her FIR, it was not recorded by the police and then she by way of an application u/s.22- & B Cr.PC sought for direction against SHO P.S Darri for recording of her FIR. It was dismissed by learned 2^nd Additional Session Judge/Ex-Officio Justice of Peace, Larkana.

                        The operative part of impugned order reads as under;

“Admittedly, there is matrimonial dispute between the applicant and proposed accused for that matter relates to the civil nature which does not come within the domain of Justice of Peace. Therefore I find no substance in the instant Crl.Misc.Appln, which is hereby dismissed accordingly”.

                        It is contended by learned counsel for the applicant that the narration made by the applicant apparently constitutes a cognizable offence of serious nature, the same could not be lost sight of in circumstances of the case. By contending so, he sought for direction against the police to record FIR of the applicant.

                        It is contended by learned A.P.G for the State and learned counsel for the private respondents that the applicant in order to satisfy her matrimonial dispute with the private respondents is intending to involve them in a false case. By contending they sought for dismissal of the instant Crl.Misc.Application.

                        I have considered the above arguments and perused the record.

                        The allegation leveled by the applicant is appearing to be serious in nature, this all as per applicant was done by the private respondents only for the reason that she refused to have friendship with one amongst them. In that situation, learned 2^nd Additional Session Judge/Ex-Officio Justice of Peace, Larkana, ought not to have refused recording of FIR of the applicant by making a conclusion that the matrimonial dispute pending between the parties could only be resolved by Civil Court having jurisdiction.

                        In view of above, the impugned order is set-aside. Consequently, SHO, P.S, Allahabad or Darri as the case may be, is directed to record statement of the applicant u/s.154 Cr.PC, for further action in accordance with law.

                        The instant Crl.Misc.Application is disposed of accordingly.

                                        JUDGE

..