ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-37 of 2020

&

Crl.Misc.Appln.No.S-67 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of Misc.Applications.

20.04.2020.

Mr. Nisar Ahmed Abro, Advocate for applicants.

Mr.Irfan Ali Mahar, Advocate for private respondent

Mr.Muhammad Noonari, D.P.G for the State.         

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

                        It is alleged that the applicants took away cattle of private respondent, which they refused to return without payment of gratification, therefore, she by way of making an application u/s. 22-A & B Cr.PC sought for direction against SHO, P.S, Garhi Khairo, to record her FIR for the above said incident, it was issued by learned 2^nd Additional Sessions Judge/Ex-officio Justice of Peace, Jacobabad, vide his order dated 24.02.2020, which is impugned by the applicants before this Court by way of instant Crl.Misc.Application.

                        It is contended by learned counsel for the applicants that the applicants being innocent are being involved in a false case by the private respondent in scheduled offence for demand of illegal gratification, which even otherwise ought to have been taken care by Anti-Corruption Authorities and not by regular police; the report of the police denying the occurrence of the incident has not been considered by learned 2^nd Additional Sessions Judge, Jacobabad, and impugned order being non-speaking is liable to be set aside.

                        Learned D.P.G for the State and leaned counsel for the private respondent by supporting the impugned order have prayed for dismissal of the instant Crl.Misc.Application.

I have considered the above arguments and perused the record.

                The order which is impugned reads as under;

“Criminal Miscellaneous application No.87/2020 is taken up. Petitioner and his advocate are present, and DDPP for State are present. Contents of petition and reports of SHO concerned P.S and DSP Cell SSP Jacobabad are perused. Let the statement of petitioner be recorded, if the cognizable offence is made out, let the FIR be registered under intimation to this Court. With these directions, petition stands allowed”.

                  The bare perusal of the above order reveals that no reason is assigned by learned 2^nd Additional Sessions Judge Jacobabad for ordering to record statement of private respondent for the purpose of FIR, which is against the spirit of Sub- Section (2) to Section 24-A of the General Clauses Act, whereof reads as below;

                   “(2)   The authority, office or person making any order of issuing any direction under the powers conferred by or under any enactment shall, so far as necessary or appropriate, give reasons for making the order or, as the case may be, for issuing the direction and shall provide a copy of the order or, as the case may be, the direction to the person affected prejudicially”.             

                For what has been discussed above, the impugned order is set aside with direction to learned 2^nd Additional Sessions Judge/Ex-officio Justice of Peace, Jacobabad, to pass the same afresh in detail explaining the reason for issuance of direction against SHO, P.S, Garhi Khairo, to record FIR of the incident, by considering report of the police and by providing chance of hearing to all the concerned.

                          The captioned Crl.Misc.Applications are disposed of accordingly.

J U D G E