THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Criminal Misc. Application No. S-310 of 2022
Applicants: Muhammad Ali Unar and Ali Nawaz Unar,
Through Mr. Sharjeel Sattar Bhatti, advocate.
Respondent No.2: Ali Dino,
Through Mr. Irfan Haider Jamali and Qadeer Ahmed Advocates
State: Through Mr. Ali Anwar Kandhro, Additional Prosecutor General.
Date of hearing: 26-01-2023
Date of Decision: 26-01-2023
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O R D E R
ZULFIQAR ALI SANGI, J.- Through this Criminal Miscellaneous Application, filed under Section 561-A Cr.P.C, the applicants have assailed the order dated 18.11.2022, passed by the learned VI-Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana, whereby he has allowed the application U/S 22-A & 22-B Cr.P.C filed by the respondent No.2 and directed respondent No.1 to record the statement of respondent No.2 and if any cognizable offence is made out, then register the F.I.R of the respondent No.2 U/S 154 Cr.P.C, hence the applicants have approached this court praying to set-aside the said order.
2. Briefly the facts of the case are that the respondent No.2 filed application U/S 22/A & B Cr.P.C before Sessions Judge/Ex.Offio Justice of Peace, Larkana, alleging therein that applicant had given loan amount of Rs.100,000/- to the applicant No.1, who had issued a cheque of said amount, which on presentation was dishonoured, the respondent No.2 along with his witness went to the house of applicant, where applicant No.2 was also present, both accused took out pistols from their folders and straighten upon the applicant and issued threats that if he will demand his amount from them, he would be done to death. The respondent No.2 firstly approached the S.H.O P.S. Darri, who refused to lodge the F.I.R, thereafter, he approached the Justice of Peace, who passed the impugned order.
3. Learned counsel for the applicants has argued that impugned order passed by learned Ex. Officio Justice of Peace is bad on law and facts and has been passed in violation of principles of natural justice; that no incident has ever taken place as alleged by respondent No.2; that no reasons what so ever have been assigned by Ex. Officio Justice of Peace while allowing the application of the respondent No.2 nor the facts have been given in the impugned order which on the face of it is illegal and liable to be set-aside. Lastly he has argued that the original cheque is not with respondent No.2 and he is taking efforts to register false F.I.R against the applicants.
4. The learned counsel for respondent No.2 and learned Additional Prosecutor General have opposed the present application and supported the impugned order, while arguing that the applicants have committed the cognizable offence by giving cheque to the respondent No.2 which was dishonoured, therefore the respondent No.2 approached the Justice of Peace for lodging of F.I.R, who allowed the said application and issued directions for registration of F.I.R. They prayed for dismissal of the application.
5. Heard learned counsel for the applicants, learned counsel for respondent No.2, learned Additional Prosecutor General and perused the record with their able assistance.
6. On 13.01.2023, the respondent No.2 was directed to produce the original cheque which he had produced today along with the copy of original memo issued by the bank and the same is seen and returned to him. The point raised by learned counsel in this respect has no substance.
7. On careful perusal of the impugned order reflects that it was passed after an opportunity of hearing awarded to the parties and no illegality or infirmity is found in the impugned order.
8. For what has been discussed above, Respondent No.2 has successfully made out case for issuing directions to the police officials for taking cognizance of the offence, the impugned order does not call for any interference by this court. Resultantly, instant criminal misc. application stands dismissed.
JUDGE
Abdul Salam/P.A