THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc. Application No.S-479 of 2021

Applicant:              Abdul Jabbar Shar, through Mr. Safdar Ali Ghouri, Advocate.

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

                            Mr. Abdul Rahman A. Bhutto, Advocate for proposed accused No.1 to 3.

Date of hearing:     23.02.2023

Date of Order:       23.02.2023

O R D E R

ZULFIQUAR ALI SANGI, J.- Through this Criminal Miscellaneous Application, applicant has  impugned the Order dated 26.11.2021, passed by learned Additional Sessions Judge-I, Shahadadkot  in Criminal Miscellaneous Application No.2035/2021 (Re-Abdul Jabbar v/s. S.H.O P.S. Miro Khan and others), wherein the application filed for registration of the case against the proposed accused 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 on 04.09.2021 proposed accused namely Irfan Ali, Muhammad Bux and Mukhtiar Ali all by caste Shar were attempting sodomy to Ali Nawaz aged about 10 years and on his refusal the accused persons started throating of the child; on his cries his family members and villagers rushed there, seeing them accused fled away, but the child found dead due to throting.  Therefore, cognizable offence is made out and there is no impediment to issue directions to the S.H.O concerned to register the F.I.R. 

3.                Learned Deputy Prosecutor General has supported the contention of the applicant and submitted that infact an offence has been made out from the contents and a child had lost his life, therefore, he has no objection if the statement is recorded and if cognizable offence is made out then F.I.R. be registered.

4.                Mr. Abdul Rahman A. Bhutto, advocate files vakalatnama on behalf of the proposed accused and submits that no case for taking cognizance of the offence has been made out, and this Criminal Miscellaneous Application has been filed malafidely in order to implicate the proposed accused in a false case. He next contended that an F.I.R. against the opponent party was registered by the respondents; therefore, to take revenge this application has been filed, therefore, the same may be dismissed.

5.                Heard learned counsel for the applicant, learned counsel for the proposed accused and the learned Deputy Prosecutor General and perused the material available on record with their able assistance.  Admittedly, one child has lost his life in an incident and while perusing the postmortem report and medical evidence it transpires that the death of child was unnatural, therefore, this fact cannot be left unattended as this kind of crimes are prevailing in our society.  Seemingly, the impugned order was passed without considering the fact that there is a dead body and at least investigation should be made in accordance with law and whosoever the culprits must be persecuted. Therefore, impugned order dated 26.11.2021 is set aside; the application filed by the applicant for registration of F.I.R. is allowed. The S.H.O. P.S. Miro Khan is directed to record the statement of the applicant as per his verbatim and if the cognizable offence is made out register the F.I.R.

                   Criminal Miscellaneous Application stands disposed of in the above terms.

                        J U D G E

Manzoor