ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No. S-  17 of 2023.

Date of hearing

Order with signature of Judge

02.02.2023.

For hearing of main case.

            Mr. Awais Aziz Memon, Advocate for applicant.

            Mr. Shawak Rathore, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J-     Through this criminal miscellaneous application, applicant Fakharuddin Daudpoto has challenged order dated 10.01.2023 passed by learned Additional Sessions Judge-II, Jacobabad in capacity of Ex-Officio/ Justice of Peace by allowing the application of respondent No.1/ complainant Ayaz Ahmed filed in terms of Section 22-A & 22-B Cr.P.C directing the SHO of P.S A-Section Thull to record his statement under Section 154 Cr.P.C against four proposed accused including present applicant Fakharuddin.

            Applicant’s counsel contended that learned Ex-Officio/Justice of Peace while passing impugned order did not notice that the allegation of issuing cheque and its dishonor was only against proposed accused Noman Ali, and there is no such allegation against applicant Fakharuddin at all, but the learned Ex-Officio/ Justice of Peace straight away directed SHO concerned for registration of the F.I.R against all the proposed accused including present applicant.  Learned counsel further contended that, as per contents of application under Section 22-A and 22-B Cr.P.C, though no allegation has leveled against applicant, but the respondent No.1/ complainant Ayaz Ahmed with malafide intention and ulterior motives has mentioned his name in list of proposed accused at serial No.2 and learned Ex-Officio/ Justice of Peace in slipshod manner directed registration of F.I.R against all proposed accused. Lastly, learned counsel prayed for setting-aside the impugned order against applicant Fakharuddin.

            Learned D.P.G appearing for the State after going through contents of application under Section 22-A and 22-B Cr.P.C, affirms contention of learned counsel for applicant to the effect that there is no allegation of any kind against present applicant except his presence at the time of issuing cheque by proposed accused Noman Ali.

            Heard learned counsel for respective parties and perused the material available on record.

            Perusal of application under Section 22-A & 22-B Cr.P.C filed by respondent No.1/ complainant Ayaz Ahmed before Ex-Officio/Justice of Peace, reflects that he has leveled allegations of issuing cheques and extending threats to him only against proposed accused Noman Ali, and there is no accusation against present applicant Fakharuddin and rest of proposed accused, namely, Raja Muhammad Farooq and Abdul Sami except their presence at the time of issuing cheque by principal accused. Since, there is no allegation/ accusation against present applicant and two other proposed accused Raja Muhammad Farooq and Abdul Sami, therefore, no purpose would be served, if the F.I.R is registered against them, but it would only be unnecessary hardship for them. Accordingly, in the interest of justice, the impugned order is hereby set-aside only in respect of applicant Fakharuddin and rest two proposed accused, namely, Raja Muhammad Farooq and Abdul Sami. However, the SHO concerned is directed to act upon the said order only in respect of proposed accused Noman Ali.

            The criminal miscellaneous application stands disposed of in above terms.

                                                       Judge

Ansari