ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. A. No. S – 619 of 2020

Date of hearing

Order with signature of Judge

For hearing of main case

(Notice issued)

21.01.2021

Syed Qamber Ali Shah Kazmi, Advocate for applicant.

Mr. Imran Mobeen Khan, Assistant Prosecutor General.

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Through the instant Criminal Miscellaneous Application, the applicant is seeking lodgment of FIR against the respondents including some of the police officers up to the rank of Inspector. Learned counsel for the applicant submits that the applicant was picked up by the police and he was illegally confined at Police Station, where some of the private persons, who were armed with kalashnikovs and have tortured the applicant. The learned Sessions Judge after discussing elaborately, dismissed the application under Section 22-A & B, Cr. P. C and has shown an alternate venue to the applicant under Section 200 Cr. P. C. Learned counsel for the applicant submits that the police has lodged two FIRs against the applicant and the applicant apprehends that just some other FIR may be lodged if the instant application is not allowed.

So far as lodgment of the FIR, learned APG supports the order of the learned Sessions Judge / Ex-Officio Justice of Peace, Ghotki.

In the instant matter, some allegations of bribery have been levelled against the respondents including the police officers. The applicant is involved in criminal cases and he has apprehension that some other cases may be lodged and regarding the cases already lodged, learned counsel for the applicant submits that the same were false. The Criminal Procedure Code has provided two modes of putting the criminal law in motion: one is under Section 154 Cr. P. C and other is under Section 200 Cr. P. C. The purpose of putting the criminal law into motion under Section 154 Cr. P. C is seeking assistance of state machinery for collection of evidence regarding the incident. However, when the complainant is equipped with sufficient evidence in his hand, the proper course is under Section 200 Cr. P. C. Since the applicant intends to lodge the FIR against police officers and he himself is involved in some criminal cases, therefore, the purpose of lodgment of FIR through instant application is quite obvious. Nevertheless, if the police officer will be involved and the matter was investigated by the police, there would be very little chance of fair investigation. As such, the observation of learned Ex-Officio Justice of Peace regarding filing a private complaint would be proper. In my humble view, impugned order passed by learned Ex-Officio Justice of Peace is within the four corners of law and requires no interference, hence instant Criminal Miscellaneous Application is dismissed.

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J U D G E

N.M.