IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Misc. Appln. No. S-  301 of 2023.

Mst. Pir Neel-Kanwal Qureshi.                                               ……...…....…….Applicant.

Versus

SHO, P.S Allah-abad and others.                                           ….......…...….Respondents.

            Mr. Waqar Ahmed A. Chandio, Advocate for applicant.

            Mr. Bahadur Ali Shahani, Advocate for proposed accused No.1.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing:          03.05.2024.

Date of order:             03.05.2024.

ORDER

Shamsuddin Abbasi, J-.           Through captioned Criminal Miscellaneous Application, applicant Mst. Pir Neel Kanwal Qureshi has assailed the order dated 08.8.2023 passed by the learned 1^st Additional Sessions Judge, Larkana, in capacity of Ex-Officio Justice of Peace, whereby an application filed by the applicant seeking directions to register her FIR against the proposed accused, was dismissed.

2.         The applicant submitted that learned Justice of Peace has erred in law and exercised discretion in favor of the proposed accused. He further added that the contents of application filed by the applicant under Section 22-A & 22-B Cr.P.C, prima-facie discloses the commission of a cognizable offense to the effect that the proposed accused caused kicks  and fists blows to applicant/ complainant; extended here murderous threats and outraged her modesty by tearing her clothes. Learned counsel further added that, as per provisions of Section 154 Cr.P.C the Officer Incharge of the Police station is required and bound to register F.I.R and he has no power to refuse. Lastly, he prayed that his application may be allowed and respondent No.1 may be directed to record statement of applicant/ complainant.

3.         Perusal of the impugned order reflects that the learned Ex-Officio/ Justice of Peace while dismissing the application of applicant observed that controversy between the parties appears to be in respect of a dispute of family nature. This observation of the learned  Ex-Officio/ Justice of Peace is also borne out from the contents of application under Section 22-A (6) Cr.P.C. Further perusal of application under Section 22-A (6) Cr.P.C also shows that before filing of application to Ex-Officio/Justice of Peace, the applicant approached the concerned police but they refused to record her statement.  

4.         In these circumstances, when version of applicant has already been negated by the concerned police with regard to happening of the alleged incident in a fashion as disclosed by the applicant in her application by refusing her to record statement, then what would be expected from the police, if the F.I.R of the applicant is registered. As such, proper course for the applicant would be that of availing adequate remedy in shape of direct complaint.

5.         The Hon’ble Supreme Court in the case of Habibullah v. Political Assistant, Dera Ghazi Khan and others (2005 SCMR 951), has observed that filing of private complaint could provide an equal adequate relief to the petitioner because he could lead the entire evidence himself before the trial Court and his grievance could be adequately redressed considering also the fact that respondent/ SHO, who in the report and para-wise comments has mentioned adverse to the petitioner’s case, therefore, it could not be expected from the concerned SHO that he would carry independent and impartial investigation in the case. It may be stated that under the provisions of Article 199 of the Constitution of the Islamic Republic of Pakistan it was not obligatory for the High Court to issue writ in each case irrespective of the facts and circumstances which could call for exercise of judicial restraint in turning down the request for registration of F.I.R in view of the conduct of the party besides considering that adequate remedy in the form of private complaint being available to the petitioner.

6.         In view of the above circumstances and the dictum laid down by the Hon’ble Supreme Court, I am of the view that it would be appropriate for the applicant to institute a direct complaint before the Court having jurisdiction, where she could lead entire evidence herself and her grievance could be adequately redressed. With above observations, the application in hand being merit-less is dismissed.

                                                Judge

Ansari