IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                Crl.Misc.Appln.No. S - 760 of 2020

 

Date

               Order with signature of Judge

 

 

 

                  

                   For Hearing of main case.

                             -

11-03-2021.

 

                   Mr.Shafique Ahmed Laghari Advocate for                                     applicant.

                    Mr.Abdul Baqi Jan Kakar Advocate for respondent           No.4.

                   Mr.Shafi Muhammad Mahar DPG.

                                                -

                            

          Through this criminal miscellaneous application, applicant Hakim Jatoi and Atta Muhammad Dandan have challenged the order dated 22.12.2020 passed by the Court of learned III-Additional Sessions Judge/Ex-Officio Justice of Peace, Sukkur in Crl.Misc.Application No.3251/2020 whereby allowing the application filed by the respondent No.4 Khuda Bux Bhanbhro 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.

“8. During investigation/enquiry, if it comes on screen that present applicant got an F.I.R registered without true substance, then proceedings may be initiated against the applicant U/S 182 P.P.C.

9.  I have gone through the case law relied by learned Advocate for applicant same are applicable to the circumstances of the present case, however, the case law submitted by learned advocate for proposed accused are not applicable to the circumstances of matter in hand.

 

10. Although, police is required to investigate all allegations of commission of offence, yet no innocent person should be arrested unless some tangible material becomes available to police, which can cause a reasonable suspicion of involvement of any person in offence, as laid down by the Honourable Supreme Court in case of Govt. of Sindh v/s Raeesa Farooq (1994 SCMR 1283)”.

 

          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 22.12.2020, which does not call for any interference. Criminal miscellaneous application is dismissed alongwith pending applications, if any.

 

                                                                                        JUDGE

 

 

 

 

 

 

 

 

Akber.