ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Misc.
Application No.S-440 of 2021
Date |
Order with signature of Judge |
1.
For
orders on office objection at flag `A`
2.
For
hearing of main case
3.
For
hearing of MA No.3534/2021
11-02-2022
Mr.
Sadam Hussain Leghari, Advocate for the applicant
Mr. Zulfiqar Ali Jatoi,
Additional Prosecutor General
.-.-.-. -.-.-.-.-.-.-.-.-
Zulfiqar
Ali Sangi, J:- Heard learned counsel for the applicant,
learned APG and perused the record. The
order dated 25.06.20221 passed by learned Justice of Peace has been carefully examined
wherein Justice of Peace in paragraphs No. 4, 5 & 6 has observed as under:-
“4. I
considered the submission and reports of SHO, as well as, complaint Cell. It is
worth mentioning here that SHO is duty bound to record the statement of every
subject of law, appears before him a the PS in compliance of section 154
Cr.P.C, and register the FIR in relevant book, if that statement appears cognizable
offence and in case the statement recorded under section 154 Cr.P.C appears
non-cognizable offence, he shall submit relevant report in compliance of
section 155 Cr.P.C before the Magistrate having jurisdiction. In this regard I am
guided by land mark judgment of Honourable Supreme court “PLD 2007 SC 539”.
Besides the case law submitted by the counsel for the complainant are in favor
of the arguments of the counsel for the complainant.
5. Accordingly after above discussion, SHO PS Mirwah is
directed to record the statement of applicant u/s 154 Cr.P.C and lodged the FIR,
if from the statement of complainant cognizable case is made out and in case
the statement appears non-cognizable offence he shall submit report to the
relevant Magistrate as provided by section 155 Cr.P.C.
6. It is further directed that no
arrest shall be made to anybody including proposed accused persons unless
cogent material is available, so also if after investigation the statement
found false IO under statutory obligation to initiate proceeding u/s 182 &
211 PPC accordingly against complainant.”
2. No illegality or infirmity has
been seen in the impugned order which requires any interference by this court,
therefore this application is dismissed.
JUDGE
Suleman Khan/PA