IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Misc. Appln. No. S-  368 of 2021.

Ahmed Ali Chandio.                                                            …...…..…….Applicant.

Versus

SHO P.P Dost Ali of P.S Drigh

and others.                                                                             ….…...….Respondents.

            Mr. Wakeel Ali Shaikh, Advocate for applicant.

            Mr. Suhendar Kumar, Advocate for respondent No.3.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing:                    09.03.2023.

Date of order:                       09.03.2023.

ORDER

Zulfiqar Ali Sangi, J-. Through captioned Criminal Miscellaneous Application, the applicant Ahmed Ali Chandio has assailed the order dated 28.01.20221  passed by the learned Sessions Judge, Kamber-Shahdadkot in capacity of Ex-Officio Justice of Peace, whereby an application filed by the respondent No.3 (Hussain Bakhsh) seeking directions to register his FIR against the proposed accused persons including present applicant in respect of an incident allegedly taken place on 04.10.2022 with regard to causing injuries to son of respondent No.3 by the proposed accused, was allowed.

            A bare perusal of the material available on record, particularly the contents of proposed F.I.R filed with application under Section 22-A and 22-B Cr.P.C prima-facie disclose commission of a cognizable offence and version of complainant/ respondent No.3 gets support from the medical certificates available on record. It is settled principle of law that under Section 22-A (6) Cr.P.C the Ex-Officio/ Justice of Peace is supposed to examine whether the information disclosed by the applicant did or did not constitute a cognizable offence and if it did, then to direct the concerned SHO to record an F.I.R without going into the veracity of the information in question. Thus, keeping in view the above legal position, the Ex-Officio/Justice of Peace appears to have rightly passed the impugned order directing registration of F.I.R of respondent No.3.   However, the learned counsel for applicant has not been able to point any illegality or infirmity in the impugned order.

            In view of above, the instant criminal miscellaneous application being merit-less is hereby dismissed.  

                                                       Judge

Ansari