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