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2020 SHC 1322

Syed Rashid Hussain vs S.S.P Sanghar & others

Citation2020 SHC 1322
CourtSindh High Court
Case No.Cr. Misc. Appln. No.S- 693 of 2020
Date2020-12-11
Judge(s)Irshad Ali Shah
ResultApplication dismissed

ORDER

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.

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