ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-65 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

01. For orders on M.A.No.1448/2020 (U/A)

02. For orders on M.A.No.1449/2020 (E/A)

03. For hearing of main case.

13.04.2020.

Mr.Himat Ali Gadehi, Advocate for applicant

                                                      -.-.-.-.-.-.-.-.-.-

1.                    Urgency granted.

2.                    Exemption granted subject to all just exception.

3.                    It is alleged by the applicant that the private respondents after having formed an unlawful assembly and in prosecution of their common object, came at his landed property, made aerial firing to create harassment and then caused kicks, fists and butt blows to his wife Mst.Zamiran, thereby she aborted her pregnancy at hospital. The report of the incident was not recorded by the police, therefore, he by way of filing an application under section 22-A & B Cr.PC sought for direction against SHO, P.S, K.N.Shah, to record his FIR at his verbatim but it was dismissed by learned 1^st Additional Sessions Judge/Ex-officio Justice of Peace, Mehar, vide his order dated 10.03.2020, which is impugned by the applicant before this Court by way of making instant Crl.Misc.Application under section 561-A Cr.PC.

                        It is contended by learned counsel for the applicant that the cognizable offence has been committed by the proposed accused therefore, learned 1^st Additional Sessions Judge/Ex-officio Justice of Peace, Mehar ought not to have declined registration of FIR of the applicant at his verbatim. By contending so, he sought for issuance of notice against the respondents for regular hearing of instant Crl.Misc.Application.

                        I have considered the above arguments and perused the record. 

                        The parties seem to be disputed over the landed property and are litigating with each other since long. There was hardly a need with proposed accused to have caused kicks, fists and butt blows to Mst.Zamiran with whom they obviously were having no dispute. Mst.Zamiran even otherwise was having no reason to have gone at the landed property with advance pregnancy under the pretext of cutting grass. The certificate which is brought on record did not suggest that Mst.Zamiran aborted her pregnancy on account of sustaining kicks, fists and butt blows. In these circumstances, learned 1^st Additional Sessions Judge/Ex-officio Justice of Peace, Mehar, was right to decline issuance of direction for recording FIR of the applicant.

                        In case of Rai Ashraf & others vs. Muhammad Saleem Bhatti & others (PLD 2010 SC-691), the Hon’ble Supreme Court of Pakistan has set aside the order whereby the direction for recording of FIR was issued by making an observation that;

“Validity---Dispute between parties was over such house---Applicant had secured restrain, order against respondent from Civil Court, and for its violation, he had a remedy before Civil Court---Applicant had an alternate remedy to file private complaints against respondent---Applicant had filed another application before Ex-officio Justice of Peace/Additional Sessions Judge to restrain public functionaries from taking action against under Lahore Development Authority Act, 1975, Rules and Regulations framed thereunder---Application for registration of FIR had been filed with malafide intention”.

                        In view of above, the instant Crl.Misc.Application under section 561-A Cr.PC is dismissed in limine, with direction to the applicant to file a direct complaint of the alleged incident, if he is advised to do so.  

J U D G E