ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Misc.Appl.No.S- 88  of 2011

DATE                                     ORDER WITH SIGNATURE OF JUDGE

             For Katcha Peshi.

28.03.2011.

            Mr. Ali Akbar Shah, Advocate for applicant.

            Mr. Muhammad Sulleman Dahri, Advocate for proposed accused.

            Syed Meeral Shah, D.P.G for the State a/w Ali Sher SHO P.S Sarhari.

                        =

            The applicant has challenged the order dated 13.1.2011 passed by Additional Sessions Judge, Shahdadpur in Criminal Miscellaneous Application No.11 of 2011 whereby the application moved by him U/s 22-A Cr.P.C was dismissed.

            At the very outset, the SHO Police Station Sarhari who is present in Court submits that applicant never approached him for lodging any F.I.R. and whenever the applicant will approach him, he will record the statement and if any cognizable case is made out then he will proceed further in the matter.

            The learned counsel for proposed accused submits that there was no case made out against the accused and the learned trial Court rightly dismissed the application. He further argued that the complainant and accused are related to each other and no cognizable offence was committed by the accused persons. It was further averred that under the garb of statement, there is likelihood that police will cause undue harassment to the accused persons.

            Learned D.P.G fully supports the contention of S.H.O P.S Sarhari.

            I am of the view that while passing the impugned order, the trial Court had no jurisdiction to give any finding regarding the guilt or innocence of the accused persons but a simple direction would have been issued to the concerned SHO to record the statement of applicant and proceed further if any cognizable offence is made out.  

            After hearing learned counsel for the parties, this Criminal Miscellaneous Application is disposed of in the following terms:-

1.         The applicant will appear before Respondent No.1 on 30.3.2011 at 11-00 a.m. who shall record the statement of applicant forthwith and if after recording the statement any cognizable offence is made out, he will proceed further in accordance with law.

2.         No undue harassment will be caused to the accused persons unless a prima facie and cognizable case is made out from the statement of applicant.

3.         The impugned order is set aside.       

                                                                                                            JUDGE

Tufail