ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Crl.Misc.Appln.No.S-121 of 2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on M.A.No.1811/2023.

2. For orders on office objections ‘A’.

3. For orders on M.A.No.1812/2023.

4. For hearing of main case.

17.04.2023

                        Mr. Gulsher Junejo, Advocate for the applicant.

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1.         Urgency granted.

2.         Deferred.

3.         Deferred.

4. It is alleged by the applicant that the proposed accused in furtherance of their common intention, maltreated her kids, her husband and then went away by outraging her modesty and that of her kids besides insulting and threatening her of murder. On the basis of such allegation, she by making an application under Section 22-A/B Cr.PC, sought for direction against the police to record her FIR for the said incident; it was dismissed by learned 2^nd Additional Sessions Judge/Ex-officio Justice of Peace, Shahdadkot, vide order dated 18.03.2023, which is impugned by the applicant before this Court by making the instant application under Section 561-A Cr.PC.

            It is contended by learned counsel for the applicant that the cognizable offence has taken place, therefore, learned Ex-officio Justice of Peace ought not to have dismissed the application of applicant by way of impugned order, therefore, such order being illegal is liable to be set aside by this Court with direction to police to record FIR of the incident at the verbatim of the applicant.

            Heard arguments and perused the record.

            No incident as alleged by the applicant as per report furnished by SDPO Shahdadkot, has taken place. On asking, it was stated by learned counsel for the applicant that the injuries sustained by the injured during course of alleged incident are non cognizable in nature. In these circumstances, learned Ex-officio Justice of Peace was right to dismiss the application of applicant by way of impugned order which is not found to be illegal to be interfered with by this Court by way of instant Crl.Misc.Application under Section 561-A Cr.PC, it is dismissed in limine.  

JUDGE