IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Cr. Misc. Appln. No. S-96 of 2020

Applicant                      Shah Bux Pahore, 

                                      Through Mr. Shakeel Ahmed G. Ansari, Advocate.

Proposed accused:       Muhammad Moosa @ Mour and others

Through Haji Ahsan Ahmed Memon,

State:                             Through Mr. Muhammad Noonari, D.P.G.

Date of hearing             11-01-2021

Date of decision            11-01-2021

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O R D E R

ZULFIQAR ALI SANGI, J. Through instant criminal misc. Application, the applicant has challenged the impugned order dated 04.05.2020, passed by the learned I-Additional Sessions Judge/MCTC/Ex: Officio Justice of Peace, Shikarpur, whereby he has dismissed the criminal misc. application No.438/2020, filed by the applicant for registration of F.I.R against the proposed accused.

2. Learned counsel for the applicant submits that the proposed accused have entered into the house of complainant, where they also caused injuries to Rashid and Abdul Qadir. They were examined by the doctor on the same night at 11-50 p.m and doctor has issued certificate in this respect, which shows that both the above persons have received the injuries from hard and blunt substances. He further submits that F.I.R is statutory right of every person in view of the Section 154 Cr.P.C and the allegations in the F.I.R are subject to the investigation. He, therefore, prays that since the cognizable offence has been committed by the proposed accused, therefore, F.I.R should be registered.

3. Learned counsel for the respondents submits that there is an enmity in between the parties and applicant wants to register a false and frivolous F.I.R against the proposed accused persons. He further submits that medical certificates were managed by the applicant and no such incident is took place. He prayed that the application may be dismissed.

4. Learned D.P.G. submits that medical evidence is supportive to the contents of application for which legal remedy is firstly to register the F.I.R and investigate the same. He not supported the impugned order and stated that application is liable to be allowed.

5. I have given due consideration to the submissions of learned counsel for the applicant, learned counsel for proposed accused and the learned Deputy Prosecutor General and have perused the material available on the record with their able assistance.

6. From the contents of application, it appears that a cognizable offence is made out. Certificate issued by the doctor is in support of the contention of the applicant, wherein doctor has mentioned the date and time of arrival of the injured persons and has opined the said injuries as fresh and caused with hard blunt substances. As per certificate of Rashid, he received three injuries and as per certificate of Abdul Qadir, he received two injuries on his person. The medical certificate issued by the doctor has not been challenged by the proposed accused.

7. For what has been discussed above, the applicant has successfully made out his case for issuing directions to the police officials for taking cognizance of offence. In view of above instant criminal misc. application is allowed and the order passed by Ex: Officio Justice of Peace is set-aside and S.H.O P.S. Naperkot is directed to record the statement of applicant in his verbatim and in case, cognizable offence is made out to register the F.I.R.

8. Instant criminal misc. application stands disposed of.

                                                                                          JUDGE