1. ' MUHAMMAD ALI MAZHAR, J.---The petitioner has impugned the order dated 19-10-2011 passed by the Sessions Judge/ Justice of Peace Ghotki.
2. ' The allegations necessitating the lodging of F.I.R. Are mentioned in paragraph 2 to 5 of the application moved under section 22-A, Cr.P.C. Today SIP Khalid Hussain Memon S.H.O. Police Station Daharki, respondent No, 1 has filed his statement in which it is stated that Crime No, 82 of 2010 has been lodged against the applicant's nephew therefore, in order to take revenge application under section 22-A, Cr.P.C. Was filed.
3. ' I have seen the impugned order which shows that the application was rejected on two grounds; one is that the S.H.O. In his report stated that the nephews of the petitioner are involved in Crime No,82 of 2010 and secondly on the arguments of learned D.P.P. Who argued that the F.I.R. Is being sought to be registered for mala fide intention to harass the police personnel(s) from discharging their lawful duty. On the basis of these arguments the application was dismissed with the direction to the petitioner to file Direct Complaint. Whether, the application was moved A with mala fide intention or bona fide intention; this can only be proved after the statement of the complainant is recorded by the police and so far as the police report is concerned which can not be considered the sole criterian for passing the order by the Justice of Peace. The jurisdiction of the Justice of Peace is to see as to why the police officials who are duty bound to record the statement under section 154, Cr.P.C. Have refused to fulfill their duty.
4. ' Consequently, the impugned order is set aside and the respondent No,1 is directed to record the statement of the complainant B. And if any cognizable case is made out, he will act in accordance with the law.