ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr.Misc.A.No.471
of 2010
For katcha peshi
ORDER
18.10.2010
Mr.Mir
Hassan Seelro Advocate for applicant.
Mr.Sardar
Ali Shah A.P.G.
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The
applicant has filed that application u/s 561-A Cr.P.C, for challenging the
order dated 30th July 2010 passed by the learned 2nd
Additional Sessions Judge Sukkur in Cr.Misc.A.No.585 of 2010, whereby his
application moved u/s 22-A & 22-B Cr.P.C. was dismissed. In the application
u/s 22-A & 22-B Cr.P.C, in paragraph two the applicant Gul Muhammad had submitted
that on 20-7-2010 at about 3:00 a.m, respondent No.2 alongwith sub-ordinate
staff namely H.C. Fateh Muhammad Chachar, ASI Younis Korai, HC Ali Mardan Tarat
Jatoi, HC Bashir Ahmed Korai and 15 to 20 unidentified police personnels raided
over the house of the applicant in 5 police mobiles, entered into the house of
applicant upon larking house tress pass and used harsh and abusing language due
to noises. The allegation of robbery is also mentioned in the same application.
It is further submitted in the application that, on the same date, the
applicant approached to the respondent No.2 to return the robbed articles and
released his brother but the respondent No.2 demanded illegal gratification
from the applicant in the sum of Rs.50,000/-. It is further submitted that on
(i) not registration of criminal case;
(ii) transfer of investigation from one police officer to another; and
(iii) neglect, failure or excess committed by a police authority in relation to its function and duties.
I have seen the impugned order in which instead of deciding the application as per mandate vested in justice of peace he has observed many things on merits of the case which is neither permissible u/s 22-A Cr.P.C. nor it serves the purpose. The law gives this authority to justice of peace in order to administer justice to the people who lodge their complaints to the concerned police station but the police stations or the officials for one or the other reasons failed to lodge their complaints, so this is an appropriate remedy available under the law to invoke.
Normally in such type of application, in order to redress the grievance of the applicant, the justice of peace simply disposes off the application with direction to the concerned police officials to record the statement of applicant and if any cognizable offence is made out on the base of statement, then register the case in accordance with law but in the impugned order, not only the learned IInd Additional Sessions Judge Sukkur declared that the complaint is false and no FIR can be registered against the police official but he has also suggested to the applicant to file private complaint.
Learned A.P.G. also does not support the impugned order.
Muhammad Panah Brohi SIP SHO PS Pano Akil Cantt, District Sukkur respondent No.2 present in person and he has also filed his statement in Court, he has also brought, another statement submitted by DSP Muhamamd Ayoob Junejo SPO Pano Akil , both statements are taken on record.
The impugned order is set aside and the learned A.P.G.
suggested that since the respondent No.2 who is present in person and in his
statement he has also undertakes that he is duty bound to obey any order to be
passed by this Court and shall be complied with strictly in accordance with
law, therefore, the applicant may be directed to appear before respondent No.2,
thereafter, the respondent No.2 will record his statement and if any cognizable
case is made out, he will lodge the complaint. On this statement, the learned
counsel for the applicant is satisfied. Let applicant be appeared before the respondent
No.2 within one week and copy of this order be transmitted to the trial Court.
JUDGE
Imran