IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

          Crl. Misc. Appln. No.S-696 of 2022

         Crl. Misc. Appln. No.S-122 of 2023

 

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

 

 

1.    For orders on O/objection at flag-A.

2.    For hearing of main case.

 

 

03.10.2024

 

                

Syed Ali Murtaza Shahr, Advocate applicants.

Mr. Imran Mobeen Khan, Asstt.P.G for the State.

          ********

 

        

 

          Learned Counsel having been heard in both these matters on 26.08.2024, apparently in these matters Crl. Misc. A. No. S-122 of 2023 is a result of the FIR of the applicant therein in respect of FIR lodged by applicant therein under ‘C’ class by the learned Magistrate by order by dated 07.12.2022 whereas Crl. Misc. Application No.S-696 of 2022 is based upon the order of entertainment of application for lodging of the FIR against the private respondents as passed by the learned Additional Sessions Judge-III/Ex-Officio Justice of Peace Khairpur in Crl. Misc. Application No.3651 of 2022 by order dated 21.11.2022. As both the matters having similar parties though different segments of time and accusation made therein were heard together it is preferred that the same be disposed of in a single order without being impressed by the finding of either one or the other case.

 

          Learned counsel for the applicant in the matter in respect of Crl. Misc. Appln. No.S-122/2023 wherein the learned Magistrate had after examining the report denied the cognizance order of which has been impugned on the ground that the oral statement only was available which required the matter to be so treated under ‘C’ Class. Learned counsel for the applicant in the said case stated that in such cases the statement of victim carries a heavy weight which has not been considered. He has further contended that the case being based upon the statement of the complainant with sever allegations the same was liable to be conclusively determined only after the evidence is led by the parties and in the witness box. In Crl. Misc. Application No.S-696 of 2022 learned counsel has specifically referred to para-4 of the impugned order therein contending that the learned Magistrate has based its findings of earlier proceedings and in the said proceedings whereas the requirement was to looked into the complaint made and the mentioning of the parties was only in respect of the role and purpose of their being impleaded.

 

          Learned Assistant Prosecutor General however, contended that the opportunity of filing a complaint u/s 200 Cr.P.C, being available these proceedings are not liable to be entertained.

 

          In rebuttal, learned counsel for the applicants in both applications contended that the applicant has a right acquiring proceedings through FIR.

 

          Having heard learned counsel and gone through the record. The Sections that have come-up specially in Crl. Misc. Application No.          S-122/2023 are undoubtedly, sever which do not only have protection of law and special treatment as provided therein including the main offence as well as the subsequent legislations in order to ensure that such a violent act does not take place has been always considered by the Courts however, it is to be observed that interest of parties are not limited to the complainant only. One may not agreed with the accused being a favorite child of Court specially a victim but the Court of law requires to looked at the proceedings in the proper perspective of treating them on merits. Both these proceedings primarily are at the initial stage wherein though in the proceedings of Crl. Misc. Application No.S-122/2023 FIR has been lodged and investigation having been conducted the same was not found liable to be prosecuted and as such the ‘C’ Class imposed thereto which has been accepted apparently nothing has been shown which will make this Court come to the conclusion that there is anything other than a verbal statement of the alleged victim in the said matter. As such the prosecution of the understanding that the same is not liable to be got proved however, the entertainment of the complainant to acquire his due proceedings is required to be looked into. For the said purpose, the proceedings u/s 200 Cr.P.C are available. As to the proceedings under Crl. Misc. Application No.S-696 of 2022 the non-entertainment by the learned Sessions Judge u/s 22-A&B Cr.P.C does not debars the applicant from the same exercise if so desired. In the said circumstances where apparently without making any comments as to the merits of the case specifically not mentioned apart from the said element of proof as bearing from the record of verbal statement no reason has been shown whereby investigation i.e. collection of material may be found required and in the said circumstances where the opportunity is available u/s 200 Cr.P.C, the applicant does not have the same status of being an aggrieved person to agitate proceedings in such manner. Accordingly, where the opportunity of proceedings u/s 200 Cr.P.C, being available both these applications are found not liable to be entertained in this matter and accordingly are dismissed.

   

         

 

Office is directed to place a signed copy of this order in connected captioned matter.                                                

                                      

                                                                                                      J U D G E

Ihsan/PS