MST.SHAHZADI (Applicant) VS MASHOOQ @ CHEEZ & OTHERS (Respondent)

ORDER SHEET

HIGH COURT OF SINDH CIRCUIT

COURT, HYDERABAD

Cr. Misc. Application No.S-717 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Sajjad Ali Gopang, advocate for applicant Mr. Altaf Sachal Awan, advocate for respondents Mr. Nazar Muhammad Memon, Additional P.G Sindh

Through the instant criminal miscellaneous application, the applicant has called in question the vires of order dated 11.11.2020, passed by the learned Additional Session Judge-IV, Shaheed Benazirabad, whereby, request of the applicant for lodging of the FIR against the proposed accused was declined on the ground that applicant failed to make out her case for cognizable offence, leaving the applicant to lodge private complaint.

After arguing the matter at some length, both the learned counsel for the parties agreed for disposal of this criminal miscellaneous application in the term that the complaint of the applicant be transmitted to the SHO concerned for its incorporation in 154 Cr.P.C Book; and, if the statement/complaint of applicant regarding allegations is found false during investigation, then action under section 182 PPC may be initiated against the applicant/complainant. Learned APG has no objection to the above proposal.

Prima facie the proposal put forward by the parties seems to be reasonable and accorded to. Accordingly, the instant criminal miscellaneous application is disposed of in the above terms. Resultantly, SHO concerned is directed to record the statement of applicant/complainant and then incorporate it in 154 Cr.P.C Book; however, if the said statement of applicant/complainant is found false during investigation, then the law will take its own course as provided under Section 182 PPC.

JUDGE

Sajjad Ali Jessar