' SHAHNAWAZ TARIQ, J.---Through instant criminal miscellaneous application, the applicant Muhammad Waris has impugned order dated 21-8-2013 passed by learned IInd Additional Sessions Judge, Jamshoro, whereby Criminal Miscellaneous Application No, 710 of 2013, under section 22-A, Cr.P.C. Filed by the applicant for lodging of F.I.R. Has been declined.
' Application are that the applicant is engaged in agriculture forming so also Kamdar of Sardar Abdul Kadir Sethar for his agricultural land situated at deh Misri, Taluka Moro, District Naushehro Feroz. On 21st June, 2013, the brother of the applicant namely Ali Sher was busy at agricultural land for rotation of water when a group of persons including namely Rasool Bux son of Siddiq alias Abdul Majeed, Muhammad Hanif s/o Mehboob Bughio both well known came across along with some persons holding weapons and they were going towards river but at that time boat was on the other side of the river. Thereafter on same day the police party headed by Muhammad Ayoob S.H.O. Police Station Kharodero along with Chowki Incharge Niaz Panhwar and Niaz Soomro and other police constables, CIA. Incharge Ali Muhammad Abbasi alias Allan Abbasi entered into the house of the applicant and created panic and beated ladies present there and took away cattle, wheat and also arrested one Ali Sher brother of the applicant on the pretext that on that day one Dost Muhammad Jiskani was kidnapped from Shahpur Jahania who was brought at their agricultural land where his brother Ali Sher was working and allegedly he facilitated the dacoits to cross the river Indus by boat on gunpoint with whom the above mentioned private persons were also accompanied. Due to torture and harassment the wife of applicant namely Mst. Zarina who was pregnant about three months, aborted and clothes of Mst. Bachal and Mst. Rahat were torn and they also sustained injuries. It is further stated that the police demanded Rs,30,000 for release of his brother, and WHC Niaz Soomro and Niaz Panhwar had received Rs,16,000, but his brother was shifted by Inspector Ali Muhammad Abbasi alias Allan, who detained his brother at different police stations and ultimately he was challaned in Crime Nos.39 of 2013 and 40 of 2013 and was remanded to judicial custody.
3. Learned counsel for applicant has contended that the proposed accused are police officials and they have maltreated womenfolk of the applicant and caused abortion to the wife of the applicant and two other women also sustained injuries at the hands of the respondents. He further contended that the learned Justice of Peace has not appreciated the highhandedness committed by the police officials/officers, as such, concerned police may be directed to lodge F.I.R. Against the proposed accused persons.
4. Learned A.P.G. Has contended that SIP Ali Muhammad Abbasi alias Allan Khan, the respondent No,2 was neither remained posted as S.H.O. Police Station Kharodero nor at CIA during said period and he had not committed any highhandedness to the complainant party. He further contended that since long said SIP remained suspended under the orders of honourable Supreme Court of Pakistan and was closed to police line, Shaheed Benazirabad. Later on, Inspector General of Police Sindh, Karachi had transferred the said SIP from District Shaheed Benazirabad to CCPO Office Sindh Karachi 'and since then be is posted there. He further contended that the applicant also filed Criminal Miscellaneous Application before the court of learned Sessions Judge/Justice of Peace, Jamshoro for lodging the F.I.R., but the court considering the circumstances and documents had rightly dismissed the said application. In support of his contention, he has placed on record Photostat a copy of order issued by I.G. Police Sindh, Karachi dated 26-2-2013 for suspension of SIP Ali Muhammad alias Allan Abbasi along with other police officials. He has also filed photo copy of order dated 5-11-2013 issued by I.G. P. Sindh, Karachi for transfer of Said SIP under suspension from Shaheed Benazirabad to CPO Sindh Office.
5. Learned counsel for proposed accused has contended that the applicant has filed instant Misc.
Application only to pressurize the police to cover up the criminal activities of the applicant party, as they are in league with the criminals of the area, therefore, a false story has been managed.
6. I have heard the learned counsel for the parties as well as learned AGP and have perused the material available on record meticulously.
7. It has transpired that the applicant has levelled the allegation of causing the harassment and maltreatment against the proposed accused who are belonging to the police department, resultantly the wife of applicant namely Mst. Zarin has aborted three months pregnancy and Mst.
Bachal and Mst Rahat sustained injuries, but he applicant has failed to produce any medical certificate/treatment regarding causing of abortion of his wife Mst. Zarina as well as injuries sustained by both women, in support of his allegations levelled against the proposed accused persons.
8. In the case of Javed Tariq Khan v. Ahmad Raza Khan (1999 M LD 3230), wherein it has been held that Indiscreet direction for registration of criminal case, could cause untold problems, for opposite party though motive for resorting to writ jurisdiction could be discernible on the face of record namely to humiliate and persecute opponent, when a criminal case is registered against a citizen he is put into tenor of being interrogated ruthlessly and even arrested, besides his relations and friends, who also might be called to police stations by an unscrupulous police officer, keeping in view background of enmity between parties and nature of allegation, coupled with reports/proceedings by police, no direction for registration of cases should have been issued by High Court in its discretionary jurisdiction.
9. In the case of Zafar lqbal v. Inspector General of Police and others (1994 M LD 374), wherein it has been held that local police after having enquired into the matter had reached a conclusion that the allegations made by petitioners were false and, therefore, petitioners could hardly expect any favourable decision by them in view that the only remedy available to the petitioners was to ask for the registration of a case against the private parties was not correct, prayer for issuance of a direction to the Station House Officer for the registration of a case against the accused persons was declined in circumstances.
10. In case of QADAR ULLAH v. S.H.O. POLICE STATION LATAMBER and 2 others (2012 YLR 836), wherein it has been also held that section 22-A, Cr.P.C. Empowered the Justice of Peace for issuance of directions for registration of case, but this power, was never supposed to be exercised in a mechanical manner, without application of an independent mind, all such powers were vested in the authority for dispensation of justice and were never meant to be exercised in aid of injustice, Courts were never supposed to shut their eyes from other aspects of the case and to pass orders for registration of case on a false report of any complainant, when mala fide of a complainant was floating on the record and his tricky design was visible, then exercise of powers under section 22- A(6), Cr.P.C. By issuance of direction for registration of case would be an exercise in aid of injustice, which had never been the intention of the legislatures, in enactment of such provisions.
11. In the case of IMTIAZ AHMED CHEEMA v. S.H.O. POLICE STATION- DHARKI, GHOTKI (2010 YLR 189), wherein this court has held that provisions of section 22-A, Cr.P.C. Had been misused in a number of cases, wisdom of legislature was not that any person who in discharge of duty takes action against accused would be subjected to harassment by invoking provisions of section 22-A, Cr.P.C, Court in mechanical manner should not allow application under section 22-A, Cr.P.C; but should have applied its mind as to whether the applicant had approached the court with clean hands or it was tainted with malice, unless such practice was discouraged it would have far-reaching effect on the Public Officials who in discharging of duties take actions against them, law had to be interpreted in a manner that its protection extends to everyone, order of Justice of Peace was passed in the present case in mechanical manner and approaching of complainant to the Justice of Peace reflected that it was tainted with malice, it would be open to the complainant to file direct complaint against applicant if so directed, impugned order was set aside, in circumstances.
12. Admittedly, the brother of applicant has been challaned in two cases lodged vide Crime No, 39 of 2013 and 40 of 2013 by the concerned Police Station and said criminal cases pending trial before the concerned court. The applicant has failed to prima facie establish that a cognizable offence has been made against the proposed accused who are belonging to the police department, and copies of orders issued by I.G. Police Sindh, Karachi has proved that SIP Ali Muhammad alias Allan Abbasi remained suspended much before the alleged offence and thereafter he under suspension was posted at CPO Karachi, instant explanation is self explanatory to falsify the allegations levelled by the applicant. Now it has become a practice of public to settle their accounts to approach the Justice of Peace by filing criminal miscellaneous application under section 22-A, Cr.P.C. For lodging of F.I.R. Against the opposite party, by this way it is easy to humiliate and disgrace the disputed one in society at large as well as in relatives and friends. It is prime duty of the Court to examine each and every case minutely and such applications must not be allowed in routine, as the hands of the Judge are tied by the provisions of section 22-A,Cr,.P.C. And its application must be considered independently and judiciously to meet the ends of justice. It is also mandatory for the Court to keep strict check over the highhandedness of the police which is generally happens in our society, but at same time the other aspect of discouragement and humiliation being caused to the police at the hands of criminals with ulterior motives for creating deterrence by approaching the Justice of Peace for lodging of F.I.R. So that police may not take any action against them.
13. Consequently, I have no hesitation in my mind that inter alia no cognizable offence has been made out against the proposed accused by the applicant for issuance of direction to the concerned police for lodging of F.I.R. Against proposed accused persons. Accordingly, instant criminal miscellaneous application devoid of any merit stands dismissed.