ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-82 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.1430/2021 (U/A)

02. For orders on office objection “A”.

03. For orders on M.A.No.1431/2021 (E/A)

04. For hearing of main case.

14.01.2022

                        Mr. Ghulam Ali Abbasi, Advocate for the applicant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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1.                     Urgency granted.

2 to 4.             The applicant has impugned order dated 17.03.2021, passed by learned Sessions Judge/Ex-officio Justice of Peace, Qamber Shahdadkot @ Qamber, whereby his application under section 22-A & B Cr.PC for issuance of direction against the police to record his statement for the purpose of FIR against the proposed accused, for allegedly keeping him under wrongful restraint and robbing him of his belongings, was dismissed.

                        It is contended by learned counsel for the applicant that learned Ex-officio Justice of Peace, was having no authority to have refused recording statement of applicant by the police for the purpose of FIR on disclosure of cognizable offence; therefore, the impugned order being illegal is liable to be set aside.

                        I have considered the above arguments and perused record.

                        The police in its’ report has denied the occurrence of the alleged incident by stating that the applicant is intending to involve the police officials in a false case malafidely only to save his relatives who are having criminal record. If for the sake of arguments, it is believed that the incident as alleged by the applicant has actually taken place and for that his FIR is not being recorded by the police then he has an alternate remedy to exhaust; such remedy if is exhausted would be adequate in circumstance of the case. No illegality even otherwise, is pointed which may justify making interference with the impugned order by this Court by way of instant Crl.Misc.Application, it is dismissed in limine.

      JUDGE