IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr. Misc.
Application No.S-300 of 2021
Applicant: Ali Bux Kaleri, through
Mr.
Fayyazuddin Rajpar,
Advocate
Respondent: Anwaruddin, through
Mr. Shabbir Ali Bozdar, Advocate.
State: Through Mr. Khalil
Ahmed Maitlo, D.P.G.
Date of hearing: 22.10.2021
Date of decision: 22.10.2021
O
R D E R
Zulfiqar Ali Sangi,
J:- Through
this application, the applicant has impugned the order dated 03.05.2021, passed by learned Additional Sessions Judge/Justice of Peace Kandiaro, whereby an application filed by respondent No.5, u/s
22-A & B, Cr.P.C, for lodging of FIR
against the proposed accused/present applicant was allowed.
2. Learned Counsel
for the applicant submits that there is an old enmity between the parties and
the respondent No.5 is habitual of filing applications against the applicant
party. He placed on record some applications decided and pending before
different forums and submits that respondent No.5 wants to lodge a false FIR
against the applicant party, therefore, he prayed that the present application
may be allowed and impugned order may be dismissed. In support of his contention he placed
reliance on
3. Learned
counsel for respondent No.5 submits that there are serious allegations against
the applicant regarding kidnapping of Raja who has remained in captivity of
proposed accused for about one month, therefore learned Justice of Peace by
observing all the aspects has passed the order in his favour.
4. Learned DPG by supporting the
impugned order submits that the applicant has a chance to approach and produce
his entire material before the I.O who is competent to decide as to whether the
FIR is false or otherwise.
5. I have heard
learned Counsel for the parties and have gone through the material available on
record.
6. From the
contents of application it appears that allegations of serious nature have been
leveled against the proposed accused/present applicant which can be
investigated only by the I.O after recording statement/FIR. The order passed by
Ex-officio Justice of Peace is minutely scanned. Learned counsel for the
applicant has also not been able to point out any illegality in the impugned
order which otherwise is well reasoned. Resultantly, the same is maintained and
this criminal miscellaneous application is dismissed.
JUDGE
Suleman
Khan/PA