THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc. Application No.S-341 of 2022

Applicant:            Mst. Jameela Khatoon Chandio through Mr. Mazhar Ali Bhutto, Advocate.

Respondents:      Proposed accused No.1 to 5 through Mr. Rafique Ahmed K. Abro, Advocate.

The State    Through Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh.  

Date of hearing:  02.02.2023

Date of Order:     02.02.2023

O R D E R

ZULFIQUAR ALI SANGI, J.- Through this Criminal Miscellaneous Application, applicant has  impugned the Order dated 02.11.2022, passed by learned III-Additional Sessions Judge/Justice of Peace, Larkana in Criminal Miscellaneous Application No.1234/2022 (Re-Mst. Jameela Khatoon v/s. S.H.O P.S. Bakrani and others), wherein the application filed by applicant under sections 22-A and 22-B Cr.P.C. for registration of F.I.R. was dismissed and being aggrieved and dissatisfied, the same has been impugned before this Court.

2.                Pursuant to notice, Statements have been filed on behalf of official respondents, taken on record.  Mr. Rafique Ahmed K. Abro, advocate has also filed vakalatnama on behalf of proposed accused No.1 to 5, which is also taken on record.

3.                It is contended by learned counsel for the applicant that proposed accused No.1 to 5, being police officials, had entered into the house of applicant, arrested her husband Tanveer Ali Chandio and committed robbery of gold articles, details are given in the application including cash amount of Rs.25,00,000/- (Rupees Twenty Five Lacs only).  It is further contended that later on one F.I.R. had been managed and the some of the said gold articles and cash amount had been shown as recovery of that F.I.R.  Learned counsel further submitted that since the proposed accused have committed a cognizable offence; therefore, F.I.R. should be registered against them.

4.                The respondents in their statements have denied the allegations leveled against them and learned counsel for the proposed accused submitted that no such incident has been taken place; the husband of the applicant Tanveer Ali was arrested in F.I.R. No.57 of 2022 at Police Station Bakrani and at the time of his arrest the amount allegedly involved in the F.I.R. and gold articles were recovered from him.  He next contended that the applicant wants to register a false F.I.R. against the police officials only to pressurize them. He finally contended that instant Criminal Miscellaneous Application may be dismissed.

5.                Heard learned counsel for the parties and perused the material available on record with their able assistance. 

6.                On careful perusal of the impugned order it reflects that the learned Justice of Peace has dismissed the application mainly on the following reasons:

“Heard learned counsel for the applicant, learned counsel for the proposed accused and perused the reports of respondent No.1 and incharge District Complaint and Redressal Cell, Larkana, latter in his report inter stated that the husband of the applicant namely Tanveer Ali son of Punhal Khan Chandio is involved in Crime No.57/2022 at P.S. Bakrani under Sections 457, 380 P.P.C which was got registered by one Awais Khan Chandio and copy of the said F.I.R. has been produced by them. I have also perused the contents of the said F.I.R. in which name of the husband of the applicant namely Tanveer Ali transpires and further perusal of the said F.I.R. shows that the F.I.R. was lodged by one Awais Khan Chandio in respect of theft of cash and gold ornaments from the house and said cash amount and gold ornaments have also been recovered from the husband of the applicant, such photograph of husband of the applicant with recovered case property has also been produced.  In these circumstances, it appears that no such incident has taken place as alleged by the applicant in the instant application, but she in order to put pressure upon the proposed accused who are police personnel to save her husband has filed this criminal miscellaneous application for registration of F.I.R. against the proposed accused/police personnel.  In these circumstances, I see no merit in the instant criminal miscellaneous application, which is hereby dismissed.”

7.                On careful perusal of above reasoning, I am of the view that no illegality or irregularity has been committed by the learned Justice of Peace while dismissing the application.  Result thereof, the impugned order is maintained and instant Criminal Miscellaneous Applications is dismissed.

                                                        J U D G E

Manzoor