IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-646 of 2020

Applicants: Ghulam Sarwar & another, through Mr. Mushtaque Ahmed Shahani, Advocate.

Respondent: Mr. Ajeebullah Junejo, Advocate.

State: Through Mr. Shafi Muhammad Mahar, D.P.G.

Date of hearing: 18.10.2021

Date of decision: 18.10.2021

O R D E R

Zulfiqar Ali Sangi, J:- Through this application, the applicant has impugned the order dated 10.11.2020, passed by learned Additional Sessions Judge (Hudood) Sukkur, whereby the application u/s 22-A & B, Cr.P.C, filed by respondent No.3 was allowed.

2. Learned Counsel for the applicant submits that a false story has been managed by the applicant before the learned Justice of peace for registration of FIR on the basis of bogus medical certificate. He next submits that there was dispute in between the parties and proceedings u/s 133 Cr.P.C is also pending before the learned Magistrate Pano Akil but same fact has not been considered by the learned Justice of Peace and passed the impugned order. He also submits that earlier an application was filed before DIG wherein no time and date of the alleged ncident is mentioned and in the application u/s 22-A & 22-B Cr.P.C two incidents have been shown by the respondent. In the last he submits that no case for issuing direction was made out and learned Justice of Peace has not applied his judicial mind while passing the impugned order, therefore impugned order is liable to be set-aside. In support of his contention he placed reliance on 2008 P.Cr.L.J. 1358, 2017 P.Cr. L.J note 09, 2017 P.Cr.L.J Note 107, 2018 P.Cr.L.J 450 and 2019 YLR 510.

3. Learned counsel for respondent No.3 and learned DPG supported the impugned order and submit that while considering the medical certificate which reflects injuries on the person of respondent party, the learned Justice of Peace has passed the impugned order and no illegality in the impugned order has been pointed out by the learned counsel for the applicant, therefore, this application may be dismissed.

5. I have heard learned Counsel for the parties and have gone through the material available on record.

6. Learned Justice of Peace after hearing the parties has passed the following order:-

“After hearing of both the parties and going through the material available on record, including medical certificates of injured Ali Hassan and Muhammad Iqbal which shows that they were inspected by the MO of Taluka Hospital Pano Aqil on 19.08.2020 and found three injuries upon the person of applicant’s son and two injuries upon the person applicant, declared as Shujjah-i-Khafifa, which supports the version of the applicant as the prima facie evidence. There is no bar/limitation in law for registration of criminal cases. Hence the SHO is directed to record the statement of applicant/complainant as provided u/s 154 Cr.P.C as per his verbatim. Resultantly the instant application is hereby disposed off.”

7. Learned counsel for the applicant has also not been able to point out any illegality in the impugned order. Resultantly the same is maintained and this criminal miscellaneous application is dismissed.

JUDGE

Suleman Khan/PA