SYED RASHID HUSSAIN (Applicant) VS S.S.P SANGHAR & OTHERS (Respondent)

ORDER SHEET

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

Cr. Misc. Appln. No.S- 693 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on MA-8803/2020

2.For orders on MA-8804/2020

3.For hearing of main case

Mr. Nusrat Mehmood Gill, Advocate for the Applicant.

1.Urgency granted.

2.Overruled.

3.It is stated by learned counsel for the applicant that the applicant by way of making an application u/s 22-A & B Cr.P.C sought for direction against police to record his FIR against the proposed accused for issuing a cheque dishonestly but learned learned Ist Additional Sessions Judge / Ex-officio Justice of Peace, Tando Adam has dismissed such application vide his order dated 21st October, 2020 such order being illegal is liable to be set-aside with direction to SHO PS Tando Adam City to record statement of the applicant for purpose of FIR.

If, for the sake of argument it is believed that a cognizable offence is made out, then the applicant could prove the same adequately by having a recourse u/s 200 Cr.P.C without involvement of the police. No illegality is pointed out which may justify making interference with the impugned order, by this Court, in exercise of its inherent jurisdiction u/s 561-A Cr.P.C. Consequently, the instant Criminal Misc. Application is dismissed in limine.

JUDGE

Ahmed/Pa