ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Date of hearing

Order with signature of Judge

Before:

         Mr. Justice Irshad Ali Shah

Cr. Misc. Application No.S- 234 of 2020

1. For orders on office objection-A.

2. For hearing of MA No.3377 of 2020. (561-A).

3. For hg. of main case.

Cr. Misc. Application No. S- 254 of 2019 

      For hearing of main case.

17.09.2020.

Mr. Imdad Ali Mashori, Advocate for the applicants.

Mr. Habibullah G. Ghouri, Advocate for private respondent.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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                        The facts in brief necessary for disposal of instant Crl.Misc.Applications are that the private respondent by making allegation of theft of his articles and damage to his house with criminal intimidation at the hands of applicants by filing an application under section 22-A & B Cr.PC sought for issuance of direction against the police to record his FIR. It was issued accordingly by learned Ex-Officio Justice of Peace, Larkana, vide his order dated 09.11.2019, which is impugned by the applicants before this Court by preferring the instant Crl.Misc.Applications.

2.                     It is contended by learned counsel for the applicants that there was dispute between the parties over possession of the house and the private respondent in order to settle such dispute is intending to involve the applicants in a false case malafidely, who even otherwise at the time of incident were not available at Larkana.   By contending so, he sought for setting aside of the impugned order.

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

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

5.                     On issuance of notice, learned Ex-Officio Justice of Peace, Larkana, called report from Incharge District Complaint and Redressal Cell, Larkana, such report was furnished twice but none of it was found satisfactory by learned Ex-Officio Justice of Peace, consequently, he also ordered issuance of notice under section 186, 201 PPC against the Incharge District Complaint and Redressal Cell, Larkana, with issuance of such direction, SHO, P.S Mahotta, was also directed to record statement of the private respondent for purpose of FIR. Surprisingly, it was done without providing chance of hearing either to State, or to any of the proposed accused, which is against the spirit of mandate contained by Article 10(A) of the Constitution of Islamic Republic of Pakistan, 1973, which prescribes the chance of fair trial to every citizen for determination of his civil/criminal rights and obligations. In these circumstances, the impugned order is set aside with direction to learned Ex-officio Justice of Peace, Larkana, to pass the same afresh by considering the material brought on record after providing chance of hearing to all the concerned. 

6.                     The instant Crl.Misc.Applications are disposed of a/w listed application.

J U D G E