ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Misc. Application No.S-60 of 2025.

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DATE              ORDER WITH SIGNATURE OF HON’BLE JUDGE________

1. For orders on office objection “A”.

2. For hearing of main case.

3. For hearing of M.A No.1064/2025. (Stay Application)

07-03-2025

                        Mr. Aftab Ahmed Channa, advocate for the Applicants.

Mr. Muhammad Afzal Jagirani, advocate for Respondent No.4.

                        Mr. Aitbar Ali Bullo, DPG for the State.

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Khalid Hussain Shahani, J.-  The applicants, Abdul Ghaffar and 05 others, have invoked the inherent jurisdiction of this Court under Section 561-A of the Cr.P.C., seeking judicial review of the order dated 25.02.2025, passed by the learned Sessions Judge/Ex-Officio Justice of Peace, Kashmore @ Kandhkot, in Criminal Miscellaneous Application No.191/2025. The impugned order was issued under Sections 22-A & B read with Section 25 Cr.P.C., whereby the application filed by respondent No.4, Abdul Wahab, for the registration of a criminal case was allowed. 

2. The case put forth by Respondent No.4 is that on 11-02-2025, while he, along with Ayaz Ahmed and Fayaz Ahmed, was traveling to Kandhkot on a motorcycle at about 04:45 p.m., they were allegedly intercepted near Bijar Wah by the applicants, who were purportedly armed with weapons. The applicants allegedly assaulted them with lathis and fists, causing injuries and further issuing threats of dire consequences. Despite the issuance of a medical certificate by the concerned Medical Officer diagnosing injury No.1 on the person of the injured Fayaz Ahmed as Shajjh-i-ammah, which falls under Section 337-A(v) PPC and constitutes a cognizable offense, the police declined to register a FIR. 

3. Heard and perused the record.

4. The learned counsel for the applicants, despite extensive arguments, failed to present any legally tenable justification to refute the registration of a criminal case against the proposed accused. The medical certificate issued by the Medical Officer categorically classifies injury No.1 sustained by the injured Fayaz Ahmed as Shajjh-i-ammah, which, under Section 337-A(v) of the Pakistan Penal Code (PPC), qualifies as a cognizable offense as per Schedule-II of the Code of Criminal Procedure, 1898 (Cr.P.C.). Where medical evidence establishes a prima facie cognizable offense, the registration of an FIR is a statutory obligation, and failure to do so amounts to a miscarriage of justice. Therefore, the arguments advanced by the applicants’ counsel do not hold sufficient merit to warrant any deviation from the settled jurisprudence on the mandatory registration of an FIR in cases involving cognizable offenses.

5. In light of the foregoing discussion, no legal infirmity, jurisdictional error, or procedural irregularity is found in the impugned order passed by the learned Ex-Officio Justice of Peace. The impugned order is consistent with the settled law governing the registration of FIRs in cases involving prima facie cognizable offenses. As a result, the present application, along with all listed application(s), stands dismissed, as no exceptional circumstances have been demonstrated to warrant interference by this Court in its inherent jurisdiction.

JUDGE

S.Ashfaq/-