IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                Crl.Misc.Appln.No. S - 830 of 2021

 

Date

               Order with signature of Judge

 

 

 

                  

                   For Hearing of main case.

                             -

11-03-2021.

 

                   Mr.Rab Dino Makwal Advocate for applicant.

                   Mr.Shafi Muhammad Mahar DPG.

                                                -

                            

          Through this criminal miscellaneous application, applicant Raja Drigh has challenged the order dated 28.01.2021 passed by the Court of learned Additional Sessions Judge/Ex-Officio Justice of Peace, Gambat in Crl.Misc.Application No.3597/2020 whereby allowing the application filed by the respondent No.4 Muhammad Saleh for registration of F.I.R.

          Learned counsel for the applicant has not been able to satisfy that how the order allowing the application filed by the applicant for registration of F.I.R, can be suspended when the Ex-Officio Justice of Peace has made following observations in the impugned order.

“Moreover, as per law the SHO of a concerned Police Station is duty bound to record the statement of every person appears before him and then lodge the F.I.R if cognizable offence is constituted form his version and SHO has got no powers to refuse from recording the statement and registering the case if cognizable offence appears to have taken place. As the matter of fat the application of applicant is supported with the affidavit. In these circumstances, this application is allowed with directions to the respondent No.3 (SHO PS Mahboob Kalhoro) to record the statement of applicant, if it constitutes any cognizable offence then concerned SHO is duty bound to register his case and take action in the matter in accordance with law. During investigation, if it is found that the applicant has registered false case then action U/S 182 PPC be taken against him. Let the copy of this order be sent to the concerned Police for information and compliance”.

 

          After hearing the arguments of learned counsel for the applicant, and perusal of the impugned order, I am of the considered view that the learned trial Court has rightly passed the order dated 28.1.2021, which does not call for any interference. Criminal miscellaneous application is dismissed alongwith pending applications, if any.

 

                                                                                        JUDGE

 

 

 

 

 

 

 

 

Akber.