ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-367 of 2023

 

Date

               Order with signature of Judge

 

1.               For order on office objection.

2.               For hearing of main case.

 

03-02-2025

Mr. Muhammad Afzal Jagirani, advocate for the applicant

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

Mr. Nisar Ahmed G. Abro, advocate for the respondents/proposed accused

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

Applicant Muhammad Iqbal has impugned an order dated 10.10.2023, passed by the learned Sessions Judge, Kandhkot acting in his capacity as Ex-Officio Justice of Peace. In terms of the said order, an application filed by the applicant 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, learned counsel for the respondents and the learned Additional Prosecutor General. 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 Criminal Procedure Code 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*