ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Misc. Application No. 687 of 2021

(Muhammad Ahmad vs. SSP Complaint Cell Karachi East and others)

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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Before: Irshad Ali Shah J.

For hearing of main case

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21.07.2022

Ch. Muhammad Abu Bakar Khalil advocate for applicant

Mr. Siraj Ali Khan Chandio Additional P.G Sindh

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It is alleged by the applicant that his wife Mst. Kiran was running a pregnancy which she aborted willfully with aid and abetment of private respondents. On the basis of such allegation, he by filing an application under Section 22-A and B Cr.P.C sought for direction against SHO PS Jamshed Town to record his statement for the above incident for the purpose of FIR. It was dismissed by learned Ex-Officio Justice of Peace/XII-Additional Sessions Judge, Karachi East vide order dated 07.10.2021, which is impugned by the applicant before this Court by way of instant Criminal Misc. Application under Section 561-A Cr.P.C.

It is contended by learned counsel for the applicant that cognizable offence has taken place therefore, learned Ex-Officio Justice of Peace ought not to have declined issuance of direction against SHO PS Jamshed Town for recording statement of the applicant for the purpose of FIR by way of impugned order therefore, such order being illegal is liable to be set aside by this Court with direction to SHO Jamshed Town to do needful.

None has come forward to advance arguments on behalf of private respondents. However, learned Addl. P.G for the state by supporting the impugned order has sought for dismissal of the instant Criminal Misc. Application by contending that the applicant is intending to involve his wife in a false case malafidely only to satisfy his ego.

Heard arguments and perused the record.

No mother of prudent mind would abort his child willfully that too at the cost of her own life. The relationship between the applicant and his wife it is said to have come to an end. If it is believed that it is still existing then it is not good one. In that situation it has rightly been contended by learned Addl. P.G for the State that the applicant is intending to involve his wife and her relatives in a false case malafidely only to satisfy his ego.

In case of Rai Ashraf and others vs Muhammad Saleem Bhatti and others (PLD 2010 S.C 691) it has been held by Hon’ble apex Court that;

“The learned High Court had erred in law to exercise discretion in favour of the respondent No.1 without realizing that the respondent No.1 had filed application before the Additional Sessions Judge/Ex-Officio Justice of the Peace to restrain the public functionaries not to take action against him in accordance with the LDA Act 1975, Rules and Regulations framed thereunder, therefore, respondent No.1 had filed petition with mala fide intention and this aspect was not considered by the learned High Court in its true perspective.”

Having discussed above, it is concluded safely that no wrong has been committed by learned Ex-Officio Justice of Peace by dismissing the application of the applicant by way of impugned order which may justify this Court to make interference with it, by way of instant Criminal Misc. Application. It is dismissed accordingly.

J U D G E