ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-435 of 2024

 

Date

               Order with signature of Judge

 

1.               For order on office objection.

2.               For hearing of main case.

 

13-01-2025

Mr. Razi Khan Chandio, advocate for applicant

Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State

.-.-.-.-.-.-.-.-.-.-.-.-.

Applicant Zahid Hussain has impugned an order dated 09.12.2024, passed by the learned 1st Additional Sessions Judge, Kamber acting in his capacity as Ex-Officio Justice of Peace. In terms of the said order, an application filed under section 22-A and 22-B of the Cr.P.C. seeking directions for the registration of an F.I.R, was dismissed.

2.              I have heard the counsel for the applicant and the learned Additional Prosecutor General. Notice to the proposed accused is not required in view of the prayer made. My observations and findings are as follows.

3.              A person who has information of an offence having been committed is entitled under the law to give such information to the police station having jurisdiction. It is up to the police then, in the first instance, to determine whether the information provided discloses an offence and if it does, whether it is a cognizable or a non-cognizable offence. The Cr.P.C. and the Police Rules provide ample instruction on how to proceed in either case.

4.              Given the above, the applicant may approach the competent police station with the information that he has. The police shall act in accordance with law. It is clarified that this order should not be interpreted to mean that a mandatory direction to register an F.I.R. is being made. The police shall act in accordance with law

5.              Application is disposed of in the above terms.

 

                                                                               Judge

Abdul Salam/P.A*