THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc. Application No.S-257 of 2022

Applicant:            Barrister Akhtar Hussain Shaikh through Mr. Gul Sher Junejo, Advocate.

Respondents:      The State    Through Mr. Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  09.02.2023

Date of Order:     09.02.2023

O R D E R

ZULFIQUAR ALI SANGI, J.- Through this Criminal Miscellaneous Application, applicant has  impugned the Order dated 23.08.2022, passed by learned IV-Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana in Criminal Miscellaneous Application No.934/2022 (Re-Barrister Akhtar Hussain Shaikh v/s. S.H.O P.S. Market, Larkana and others), wherein the application filed by applicant was dismissed and being aggrieved and dissatisfied, the same has been impugned before this Court.

2.                It is contended by learned counsel for the applicant that from the narration of application the cognizable offence is made out; therefore, there is no impediment to issue directions to the S.H.O concerned to register the F.I.R.  By contending so, learned counsel has relied upon the case law reported as 2015 SCMR 1724 (Haider Ali and another v/s. DPO Chakwal and others), 2022 YLR 112 (Syed Sajid Hussain v/s. Ex-Officio Justice of Peace/Additional Sessions Judge-IX, West, Islamabad and 5 others) and 2014 P.Cr.L.J. 1347 (Ghulam Abbas v/s. S.H.O. Police Station Darri and 2 others).

3.                On the other hand, learned Deputy Prosecutor General has supported the impugned order and submits that the order is passed in accordance with law.

4.                Heard learned counsel for the applicant and the learned Deputy Prosecutor General and perused the material available on record with their able assistance. 

5.                On careful perusal of the impugned order dated 23.08.2022, it reflects that the learned Ex-Officio Justice of Peace has dismissed the application mainly on the following reasons:

“The long drawn statement made in the entire application and that of in the proposed F.I.R., more particularly, refers to a dispute in respect of the recent Poll of Local Bodies Election-2022 held here at Larkana on 26.06.2022 which too in between the Contesting Candidate and the Election Commission and the given disclosure, to me, nowhere does constitute prima facie a cognizable case of F.I.R. The statement that the Pass issued to applicant by the Contesting Candidate was extorted from him under threat is denied by Incharge District Complaint and Redressal Cell, Larkana in his report, stating that since the said Pass issued to the applicant was cancelled by the District Monitoring Officer, Larkana, was taken back from him in compliance of such orders, which too under such written memo and if so, it cannot be said that it was extorted from him under threat nor it could be said that thereby he was restrained or confined illegally.  On the contrary, the officials did so in compliance of the lawful orders.  Simultaneously, the moment it was heard by the applicant that the Pass given to him, has been cancelled by the competent authority, he would have made no resistance, if any, at the Poll. Thus, the arguments advanced by applicant in person have no force in them while the case laws (supra) relied upon by him, to my humble opinion, are quite distinguishable from the facts and circumstances of the case, in hand.  In the case law reported as 2022 YLR-112 (Islamabad), it has been held that the Station House Officer has no power to refuse registration of the case.  If from the information given, a cognizable offence is made out and further this case law devises the powers of Ex-Officio Justice of Peace.  In the second case law it was observed and held by the Honourable Supreme Court of Pakistan that Police Stations oftenly refuse to register F.I.Rs even if the information provided was relating to commission of a cognizable offence whereas, as is discussed above, the facts given in the instant case do not disclose cognizable case of F.I.R.  Having so, the instant application fails and same is dismissed accordingly.

6.                On further perusal of above reasoning, I am of the view that no illegality or irregularity has been committed by the learned Ex-Officio Justice of Peace while dismissing the application.  Result thereof, instant Criminal Miscellaneous Applications is dismissed.

                                                        J U D G E

Manzoor