1. ' GULZAR AHMAD, J,---Learned counsel for the applicant states that learned Ist Additional Sessions Judge, Shaheed Benazirabad has virtually discussed the merits of the grievance and absolved the accused persons through the impugned order and in the presence of such an order, the applicant cannot even go for a private complaint. He states that legally learned Sessions Judge ought not to have discussed the merit of the case and that such should have been left to be examined by the police official on recording of the complaint of the applicant.
2. ' Learned Additional Prosecutor General Sindh for the State does not dispute the contention of the learned counsel for the applicant but states that the impugned order was passed on 1-4-2009 against which the applicant has filed this application on 22-6-2009 and though there is no limitation but the principle of laches will be applicable.
3. ' Learned counsel for the applicant states that there is no limitation applicable and some time was spent in obtaining the certified copies, the present application of the applicant cannot legally be dismissed on the ground of laches.
4. Be that as it may, section 154, Cr.P.C. Specifically provides that in the event any cognizable offence is reported to the Incharge of a Police Station, he will record such information and proceed with the case in accordance with law. Such mode of dealing with the complaint ought to have been adopted in the present case also. As regards the determination as to whether the offence was committed or not in view of the facts and circumstances, the same should be left with the Investigation A Agency. Consequently this criminal miscellaneous application is disposed of with direction that in case the applicant approaches the S.H.O. Police Station Jam Sahib and makes a statement and if such statement discloses a cognizable case, the same be incorporated in Register of 154 Cr.P.C. It may however, be noted that the police officials during investigation will not cause arrest of any of the accused persons unless they have sufficient material connecting the accused persons with the crime alleged by the applicant.
5. Disposed of.