IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc. Application
No.S-385 of 2025.
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE |
1. For orders on O/objection at
flag-A.
2. For hearing of main case
Date
of hearing 30.10.2025.
Mr. Ghulam
Rasool Chandio, Advocate for applicant.
Syed Asghar
Ali Shah Bukhari, Advocate for private respondents.
Mr.
Khalil Ahmed Maitlo, D.P.G for State.
********
O R D E R
Learned counsel
for applicant files statement alongwith copy of report according to which it is
stated that the applicant has also produced USB about last statement Video of the
deceased provides copy to the other sides.
The
present application u/s 561-A Cr.P.C has been filed impugning the order dated
29.05.2025 as passed by Additional Sessions Judge-IV/Ex-Officio Justice of
Peace, Khairpur in Crl. Misc. Application No.1486 of 2025 whereby the applicant’s
application u/s 22-A,B Cr.P.C for lodging an FIR was dismissed. The
applicant/complainant in the matter requires lodging of FIR on account of death
of his brother said to have been caused by intoxication and use of Ice.
Learned counsel for the applicant contends that the Ex-Officio
Justice of Peace has dismissed the said application as no MLC has come up
whereas it has not been considered that the victim was taken to hospital for
treatment at Khairpur wherein it was advised that he be taken to Karachi and in
the process he had expired. Learned counsel though frankly concedes that there
was no postmortem and required that orders be passed as to the lodging of FIR.
Learned
counsel for the private respondent however, contends that the allegations
against the private respondent is bound to make them suffer as they are poor labour
themselves and wherein it has come on record that the victim was himself a user,
lodging of FIR may lead to unnecessary suffering by other poor personnel as
they will be faced in hardships.
Learned
Deputy Prosecutor General also supports the impugned order and contends that the
element of use/abuse of drugs in respect of the victim the impugned order is
not liable to be disturbed.
Having heard the learned counsels and gone through
the record. Irrespective to the submissions of the learned counsel it has been
observed that an unnatural death has taken place. An unnatural death in a
society demands Inquiry and Investigation as may be required. In case a society
is not conscious of the element of reasons of death and inquiry/investigation
as may be required the future of such a society can be anything but without the
hope of being called healthy. In the present circumstances, the unnatural death
having brought-up and even irrespective to deciding the question as to whether
the abuse of drug was self inducted or inflicted upon the victim the
investigation as required in the matter is found required to be made. However,
in order to ensure that such an order is not abused for any innocent person it
is further ordered that no arrest in the matter is to take place without the
required incriminating material available with the Investigating Officer. AS
such while setting-aside the impugned order it is ordered that in case the
applicant records his statement with the concerned Police Station and a
cognizable offence is made out FIR be lodged. With the restrictive element of
arrest as referred above directions be accordingly issued.
J U D G E
Ihsan/PS.