ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Misc. Application No.1266 of 2024

Date Order with signature of Judge

1. For hearing of case.

2. For hearing of M.A. No.17261 of 2024.

16.04.2025

Applicant is present in person.

Mr. Ansar Ali Shar, Advocate for the Respondent No.6.

Mr. Tahir Hussain Mangi, APG.

-------------------------

Applicant has impugned Order dated 14.11.2024 passed by learned Additional Sessions Judge-VI / Ex-Officio Justice of Peace, Karachi South on the application moved by the Applicant under Section 22-A and 22-B Cr.PC. The contents of application show that respondents Sundar and Suresh Kumar committed fraud with the Applicant which needs proper investigation. Applicant is present in person and submits that contents of application reveal that a cognizable offence has been made out and the police is bound to record his statement. However, learned Ex-Officio Justice of Peace did not consider his submission and concluded that there is a civil dispute between the parties, therefore, the same is liable to be set aside.

Learned counsel for respondent No.6 submits that there is indeed a civil dispute between the parties and the applicant has filed a Suit for the recovery of an amount of Rs.23,38,000/- along with damages amounting to Rs.25,00,000/-. He has sought the remedy available to him, therefore, there is no need to issue directions to the police to record his statement. The SHO of police station concerned has also supported the impugned order.

Heard Applicant who is present in person, learned counsel for private respondent and learned APG and perused the material available on the record.

Under Section 22-A, Cr.PC it is not the function of Ex-Officio Justice of Peace to punctiliously or assiduously scrutinize the case or to render any finding on merits but he has to ensure whether from the facts narrated in the application, any cognizable case is made out or otherwise, if yes, then he can obviously issue directions for recording the statement of complainant under section 154, Cr.PC. Such powers of Ex-Officio Justice of Peace are limited to aid and assist in the administration of criminal justice system. He has no right to assume the role of an investigating agency or a prosecutor but he has been conferred with a role of vigilance to redress the grievance of those complainants who have been refused by the police officials to register their reports.

From the tentative assessment of the material available on record, it appears that a cognizable offence has been made out, which requires investigation. It is also a well settled proposition of law that both civil and criminal proceedings can be initiated simultaneously, therefore, the impugned order is set aside with directions to the SHO of police station concerned to record the statement of applicant Ramesh Lal, if a cognizable offence is made out, appropriate action shall be taken under Section 154 Cr.PC.

In view of the above, the instant Criminal Misc. Application stands disposed of in the above terms.

J U D G E