IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-822 of 2021

Applicant: Mukhtiar Hussain Rid through Mr. Aftab Hussain Shar, Advocate.

Date of hearing: 29.11.2021

Date of decision: 29.11.2021

O R D E R

Zulfiqar Ali Sangi, J: Through this application, the applicant has assailed the order dated 25.11.2021, passed by learned 2^nd Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur, whereby an application under Section 22-A(6)& 22-B Cr.P.C, filed by the Respondent No.3, was allowed.

2. Learned Counsel for the Applicant, at the very outset, submits that learned trial Court has erred while passing the impugned order as a series of FIRs have been registered against the Respondent No.3; besides reports of police officers is in consistent with the earlier FIRs, who have submitted that story narrated in the contents of aforesaid application filed by the Respondent No.3 appears to be false and forged one, hence impugned order has been passed in a hasty manner without considering the actual facts and is liable to be set-aside.

3. I have heard the learned Counsel for the Applicant and carefully perused the crucial contents of the impugned order.

4. From the perusal of impugned order, it reflects that learned ex-Officio Justice of Peace, after calling reports and record from the concerned police, has passed a detailed order and reasons for allowing the application of Respondent No.3 are mentioned in paragraph-5 of the impugned order, which reads as under:-

“Keeping in view such all facts as stated in the instant application coupled with medical certificate of injured namely applicant Muhammad Ibrahim PWs Illahi Bux and Bakhsh Ali, the applicant named above is directed to approach the Respondent No.3/SHO P.S. Kotdiji to record his statement and if from the statement of applicant coupled with medical certificates a cognizable offence is made out then to incorporate the same into the book of 154 Cr.P.C and to investigate the matter in accordance with law and SHO PS concerned is further directed that if the statement of the applicant is found false then he would be at liberty to initiate proceedings under Section 182 PPC against applicant and that the proposed accused persons shall not be arrested by the police concerned until and unless tangible evidence is brought on record”.

5. As regard to the contention of learned Counsel for the Applicant that learned Justice of Peace after the reports submitted by police cannot pass the order for registration of FIR has no force as the Ex-Officio Justice of Peace has to apply his judicial mind and if from the material available before him, he is of the view that the case for issuance of direction is made out or not then he is competent to allow the application or dismiss it. From the perusal of impugned order, it reflects that required protection in accordance with law has been provided in the manner that accused persons shall not be arrested until availability of tangible evidence; besides applicant is also left at liberty to initiate proceedings under Section 182 PPC against the Respondent No.3 if his statement fails or appears to be false.

6. Learned Counsel for the Applicant has failed to point out any illegality or infirmity in the impugned order, which, in my view, is well-reasoned and does not require any interference by this Court. Resultantly, this application is dismissed in limine.

JUDGE

Faisal Mumtaz/PS