IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                Crl.Misc.Appln.No. S - 168 of 2021

 

Date

               Order with signature of Judge

           

 

 

                  

                   For Hearing of main case.

                             -

18-03-2021.

 

                   Mr.Shahid Ali Panhwar Advocate for applicant.

                  

                                                -

                            

          Through this criminal miscellaneous application, applicant Muhammad Ilyas Panhwar has challenged the order dated 11.03.2021 passed by the Court of learned II-Additional Sessions Judge/Ex-Officio Justice of Peace, Naushahro Feroze in Crl.Misc.Application No.856/2021 whereby allowing the application filed by the respondent No.5 Inayatullah 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 respondent  for registration of F.I.R, can be suspended when the Ex-Officio Justice of Peace has made following observations in the impugned order.

“I have perused contents of applicant and allegations mentioned in an application. The applicant has filed instant application with the allegations that on 09.02.2021, at about 11:00 am, on demand of outstanding amount, the proposed accused used abusive language, extended threats of murder, committed robbery of cash Rs.20,000/-, proposed accused Muhammad Ilyas made straight fie of pistol upon Shafqat Ali with intention to commit his murder, but same was missed and caused kicks and fists blows to them, therefore, he approached for registration of F.I.R at PS concerned but could not succeed, as such this applicant cannot be decided only mercy of report of DSP Complaint Redressal Cell N.Feroze, because he has submitted ambiguous report, hence in my opinion it is more appropriate to refer the applicant to the SHO PS concerned with directions  to record statement of applicant and if it constitutes a cognizable offence, same may be incorporated in book under section 154 CR.PC and be dealt with further in accordance with law. Application is hereby allowed. Order accordingly”.

 

          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 11.03.2021, which does not call for any interference. Criminal miscellaneous application is dismissed alongwith pending applications, if any.

 

 

                                                                                        JUDGE

 

 

 

 

 

 

 

 

Akber.