ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Criminal Misc. Application No. 264 of 2022
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DATE ORDER WITH SIGNATURE OF
JUDGE(s)
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For hearing of bail application
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18.07.2022
Mr. Sarmad Qurban Jiskani
advocate for the applicant
Mr. Faheem Hussain Panhawar, D.P.G
for the State
Mr. Imran Ali
Assistant A.G Sindh
Mr. Sawar Ali advocate for respondent No.8
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Irshad Ali Shah J.—It
is alleged by applicant that his nephew Abdul Lateeb was
bitten by stray dog. By making such allegation he by way of filing an
application under Section 22-A and B Cr.P.C sought
for direction against SHO PS Al-Falah to record his
statement for the above said incident, for the purpose of FIR against the official
respondents, which was dismissed by learned Ex-Officio Justice of Peace/
Additional Sessions Judge-XII, Karachi East vide order dated 20.04.2022, such
order is impugned by applicant before this Court by preferring the instant Cr.
Misc. Application.
It
is contended by learned counsel for the applicant that learned Ex-Officio
Justice of Peace has dismissed the application of applicant by way of impugned
order in slipshod manner, therefore, such order being illegal is liable to be
set aside by this Court.
Learned
DPG for the state, AAG Sindh and learned counsel for the respondent No. 8 have
sought for dismissal of instant Cr. Misc. Application by supporting the
impugned order.
Heard
arguments and perused the record.
Obviously,
it was accidental case, therefore, no direction could be issued to the police
to record statement of applicant for the purpose of FIR against the respondents
that too by their designation without naming them. In these circumstances
learned Ex-Officio Justice of Peace was right to dismiss the application of the
applicant by way of impugned order, such order is not calling for any
interference by this court by way of instant Criminal Misc. Application, it is dismissed accordingly.
J U D G E