ORDER SHEET

           IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

CR. MISC. A. NO.S-404 OF 2011.  

DATE                            ORDER WITH SIGNATURE OF JUDGE

05.09.2011.

FOR KATCHA PESHI.

            Mr. Noorul Haq Qureshi, Advocate alongwith the applicant.

            Mr. Muhammad Iqbal Kalhoro, Additional Prosecutor General.

            . . . .

            Through this Criminal Miscellaneous Application, applicant has impugned the order dated 13.7.2011, passed by IInd Additional Sessions Judge, Hyderabad, whereby he dismissed the application under section 22-A & B Cr.P.C, filed by the applicant for registration of the F.I.R. against the proposed accused.

            Mr. Noorul Haq Qureshi, learned counsel for the applicant submits that on the day of occurrence proposed accused duly armed with weapons barged in the house of the applicant and demanded keys of Almirah, however, she refused to the same, on which she was beaten by them, she raised cries, which attracted her husband. Meanwhile, accused started firing. Consequently one Nadeem received injury, however, two unknown accused made their escape good. He further submits that on the day of incident, applicant approached concerned SHO for report, but he refused to do so and later on she approached the D.P.O. Hyderabad and submitted an application, but could not succeed. Per learned counsel while passing the impugned order the learned Additional Sessions Judge did not take into consideration such important aspects of the case, as the proposed accused duly armed with deadly weapons entered in her house in order to commit robbery. On the other hand, Mr. Muhammad Iqbal Kalhoro, learned A.P.G. for the State opposed the application on the ground that the applicant intends to register a case as a counterblast, as applicant’s husband namely Qazi Muhammad Hashim has been nominated as accused in Crime No.173/2011 of Police Station Qasimabad, which has been registered by Ittifaque Ali Memon, brother-in-law of proposed accused Nadeem.

            I have heard learned counsel for the parties and gone through the material available on record including the application submitted by the applicant before the D.P.O. Upon a perusal of application it appears that the proposed accused have indulged in an act which prima facie suggests that they have committed a cognizable offence.

In view of above, instant application is allowed. Let the applicant shall appear before the respondent No.2, who shall record her statement and if he comes to the conclusion that cognizable offence is made out in that eventuality, he shall reduce the same in 154 Cr.P.C. book. In case the F.I.R. is registered, same shall be entrusted to Mr. Sirajuddin Lashari, DSP Matli, who shall conduct the investigation. During investigation the proposed accused shall not be arrested until the tangible evidence connecting them with the alleged incident is collected by the I.O. The I.O. shall complete the investigation within two weeks and submit such report before the concerned Court.

                                                                                                       JUDGE