IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Cr. Misc. Application No.S-527
of 2021
Applicant: Malook Malik, through
Mr. Muhammad Iqbal
Memon, Advocate
Respondents: Umar Khan Proposed
accused No.1
in
person
State: Through Syed Sardar Ali Shah, D.P.G.
Date of hearing: 17.09.2021.
Date of order: 17.09.2021.
O
R D E R
Zulfiqar Ali Sangi, J: Through this Criminal Miscellaneous Application, the Applicant has
assailed the orders dated 31.05.2021 and order dated 17.07.2021, passed by
learned Additional Sessions Judge Ubauro, in Cr. Misc. Application No.948/2021
and Cr. Misc. Application No.1722/2021, whereby applications filed by applicant
for lodging of FIR against the proposed accused were dismissed.
2. Learned counsel for the applicant has withdrawn
prayer in respect of order dated 17.07.2021, and submitted that he will avail
alternate remedy.
3. Learned counsel for the
applicant has contended that on 26.02.2021, the proposed accused have attacked
upon the applicant party and issued threats for withdrawal of FIR bearing Crime
No.34/2021 of Police Station Khambra. He next contended that he approached the
concerned police but his FIR was not registered, therefore he approached the
learned Justice of Peace but his application was dismissed. He also contended
that the justice of Peace has not applied his judicial mind while deciding his
application. He further contended that it is duty of the concerned SHO of the police
station to record statement of the applicant and if feels that it constitutes a
cognizable offence, the same be incorporated in 154 Cr.P.C book. Lastly he
prayed that this application be allowed and the SHO concerned be directed to
record his statement and if cognizable offence is made out then register the
FIR.
4. On the other hand, proposed accused No.1 appeared in
person and submitted that no such incident has ever taken place, actually there
is dispute in between the parties and applicant wants to register false FIR
against proposed accused in order to disgrace them in the eyes of public and
prayed that the application may be dismissed.
5. Learned DPG appearing for the State supported the
impugned order contending that the same is well-reasoned and does not require
any interference of this court
6. Perusal of memo of application reflects that this incident
allegedly took place on 26.02.2021 and as per applicant it was result of FIR
No.34/2021, the copy of said FIR placed on record by proposed accused No.1,
reflects that the same was registered on 31.03.2021, while contention of the
applicant is that the proposed accused have attacked upon the applicant party
after registration of FIR No.34/2021. It reflects that the applicant has
managed a false story only to book the proposed accused in a criminal case showing
the date of incident as 26.02.2021 when there was no FIR No.34/2021, on the
same date and it was registered on 31.03.2021, which also reflects malice of applicant
party in filing of application before the Justice of Peace. The impugned order
passed by learned Justice of peace appears to be well-reasoned and does not
require any interference of this court. Resultantly this application is
dismissed.
JUDGE
Suleman Khan/PA