ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S-128 of 2021.

Date	Order with signature of Judge

1. For orders on office objection.

2. For hearing of main case.

21-05-2021.

Mr. Muhammad Sadiq Ansari, Advocate for applicant.

Mr. Wajid Ali H.Shaikh, advocate for the proposed accused.

Mr. Imran Mobeen Khan, APG for the State.

.-.-.-.-.-.-.-.-.-.-.-.

The applicant by way of instant application u/s 561-A Cr.P.C has impugned order dated 30-02-201 passed by learned IInd Additional Sessions Judge/Ex-Officio Justice of Peace, Sukkur, whereby her application u/s 22A & B Cr.P.C for issuance of direction against the police to record her statement for purpose of FIR was dismissed.

It is contended by learned counsel for the applicant that proposed accused by committing trespass into house of the applicant have caused her fists, kicks and lathies blows, with intention to commit her murder, such act on their part constitutes a cognizable offence, therefore, learned Ex-Officio Justice of Peace ought not to have dismissed the application of applicant by way of impugned order, such order being illegal is liable to be set aside with direction to the police to record statement of the applicant for the purpose of FIR.

It is contended by learned APG for the State and learned counsel for the proposed accused that the applicant and the proposed accused being neighbourer are already disputed with each other and the injuries sustained by the applicant are non-cognizable in its nature and learned Ex-officio Justice of Peace has rightly dismissed the application of the applicant, such dismissal of her application is not calling for any interference by this Court by way of instant Crl. Misc. Application, which is liable to be dismissed.

I have considered the above arguments and perused the record.

Admittedly the applicant and proposed accused being neighbourer are already disputed with each other and the injuries sustained by the applicant are non-cognizable in its nature. No FIR could be ordered to be recorded for the injuries constituting non-cognizable offence under the pretext that those were caused to the applicant with intention to commit her murder and/or under the garb of trespass. In these circumstances, the learned Ex-Office Justice of Peace was right to dismiss the application of the applicant by way of impugned order; such dismissal of her application is not calling for any inference by this Court by way of instant Criminal Application. It is dismissed accordingly, with an advice to the applicant to file the direct complaint of the incident before the Court having jurisdiction.

JUDGE

Nasim/P.A