Law: Criminal Procedure Code (V of 1898)

Section: 22A(6)(i),154,514,561A

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 561-A, 22-A(6)(i), & 154--Statement of private respondent--Allegation leveled against applicants with regard to death of deceased is serious in nature same as such could not be lost sight of simply for reason that they have died of police encounter, same obviously constitutes a cognizable offence--In these circumstances, Ex-Officio Justice of Peace/ 1st Additional Sessions Judge was right to order for recording statement of private respondent under Section 154, Cr.P.C by way of impugned order which is not calling for any interference by this Court by way of instant criminal miscellaneous application--If applicants are having a feeling that they being innocent are being involved by private respondent falsely then they could prove their innocence by joining investigation--Application was dismissed. THIS ORDER PASSED BY: IRSHAD ALI SHAH, JUSTICE---.--- The applicants by way of instant criminal miscellaneous application under Section 561-A, Cr.P.C have impugned the order dated 07.12.2015 passed by learned Ex-Officio Justice of Peace/ 1st Additional Sessions Judge Ghotki on application under Section 22-A(6)(i), Cr.P.C, whereby he has directed SHO Police Station Daharki to record statement of the private respondent under Section 154, Cr.P.C. 2. The operative part of the impugned order reads as under:-- "It appears that there are serious allegations against the proposed accused, so in these circumstances, the SHO concerned is directed to record the statements of petitioner u/S. 514, Cr.P.C and take further action in the matter. The complainant is directed to appear before the concerned SHO at Daharki along with his witnesses for the purpose of recording their statements." 3. It is alleged by the private respondent that the applicants after having formed an unlawful assembly and in prosecution of their common object committed murder of Mashooque Ali alias Shanti Tanweri and his brother Mir Hassan Kobhar under the pretext of police encounter for that according to him his FIR was not recorded by the police. He therefore by way of an application under Section 22-A (6)(i), Cr.P.C sought for direction against police to…

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