IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                Crl.Misc.Appln.No. S - 46 of 2021

 

Date

               Order with signature of Judge

 

 

 

                  

                   For Hearing of main case.

                             -

18-03-2021.

 

                   Mr.Zaheer Ahmed Ujjan Advocate for applicant.

                   Mr.Naseem Ahmed Siyal Advocate for respondent                       No.3.

                   Mr.Sardar Ali Shah DPG.

                                                -

                            

          Through this criminal miscellaneous application, applicant Khalid Hussain has challenged the order dated 14.01.2021 passed by the Court of learned II-Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur in Crl.Misc.Application No.5890/2020 whereby allowing the application filed by the respondent No.3 Muhammad Piyaral 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.

“5. Therefore, keeping in view such all facts as stated in the instant application coupled with Medico Legal Certificate of injured Muhammad Ishaque as issued by Medical Officer concerned, without touching  merits and demerits in the matter, the applicant named above is directed to approach the respondent No.2/SHO PS Tando Masti Khan for redressal of her grievance and the respondent No.2 is required either to record the statement of the applicant himself f or get record the statement of applicant through his any sub-ordinate police officer and if from the statement of applicant, a cognizable offence is made out then to incorporate the same into the book of 154 Cr.PC and to investigate  the matter in accordance with law. However, 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 U/S 182 PPC against the applicant. However, the proposed accused persons shall not be arrested by the police until a & unless tangible evidence is brought on record”..

 

          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 14.01.2021, which does not call for any interference. Criminal miscellaneous application is dismissed alongwith pending applications, if any.

 

 

                                                                                        JUDGE

 

 

 

 

 

 

 

 

Akber.