| Citation(s) |
|---|
| 2025 SLG 3177 2025 SLD 3177 = 2025 SHC 130 |
Crl. Misc. Application No. S-01 of 2024
Ali Haider ‘Ada’,J
Mr. Mushtaque Ahmed Shahani advocate for the applicant. Mr. Ali Akram Shar, advocate for proposed accused. Syed Sardar Ali Shah Rizvi, Additional P.G for the State.
(Qalandar Bux Mirani
VS
. The State)
Law: Code of Criminal Procedure, 1898
Section: 22-A & 22-B
Summary:
The applicant, Ali Haider ‘Ada’, filed a Criminal Miscellaneous Application seeking direction to SHO PS Abad to register his FIR against the proposed accused for allegedly threatening and beating him over a land dispute. The SHO refused to register the FIR, and the Ex-Officio Justice of Peace Sukkur also declined the application. The applicant argued that the incident involved a cognizable offence under Sections 22-A & 22-B Cr.P.C, supported by pending civil litigation and claims of threats and violence by the accused. The accused denied these allegations, asserting the dispute was civil and the applicant was attempting to misuse the criminal process to harass. The Additional Public Prosecutor supported the SHO’s refusal, noting lack of witnesses and medical evidence. The Court, after reviewing facts and previous orders, noted the misuse of Sections 22-A & 22-B Cr.P.C to convert a civil dispute into criminal litigation without proper evidence or clean hands from the applicant. Consequently, the application was dismissed.
Core Points:
- Nature of Complaint: The applicant alleged physical assault and threats by the proposed accused over a land dispute.
- Pending Civil Matter: The dispute between parties over landed property was pending before revenue authorities, and the applicant’s attempt to register a criminal case was seen as an effort to convert this civil dispute into a criminal matter.
- Procedure under Sections 22-A & 22-B, Cr.P.C: These provisions regulate the procedure for registering FIRs and require care and caution to avoid misuse.
- SHO’s Refusal to Register FIR: The SHO and later the Justice of Peace refused to register FIR due to lack of sufficient evidence such as names of witnesses and medical proof.
- Judicial Precedents: The court relied on judgments emphasizing the need to carefully scrutinize applications under Sections 22-A & 22-B Cr.P.C to prevent abuse of the criminal justice system.
- Outcome: The application was dismissed as the Court found no illegality in the refusal to register the FIR and concluded the applicant did not approach with clean hands.
Law & Section Table:
| Law / Section | Description | Remarks |
|---|---|---|
| Sections 22-A & 22-B, Cr.P.C | Provisions regarding registration of FIR and the court’s power to direct police to lodge FIR and conduct investigation. | Court cautions against mechanical or misuse of these sections to harass through false complaint. |
| PLD 2010 SC 691 | Case law emphasizing proper procedure and caution while directing FIR registration. | Supports requiring witness names and evidence before FIR registration. |
| Mir Zaffar Azam Vs. SHO (2017 P.Crl.L.J Note 179) | Judgment on prudent application of mind by Justice of Peace in FIR registration applications. | Highlights duty of Justice of Peace to examine evidence carefully. |
| Munwar Alam Khan Vs Qurban Ali Malano (2024 SCMR 985) | Apex court ruling warning against misuse of Sections 22-A & 22-B Cr.P.C. | Courts should prevent frivolous or malicious FIR registration requests |
Ali Haider ‘Ada’,J;- Through this application, the applicant assailed the order dated 21-12-2023 passed by learned IIIrd Additional Sessions Judge/Justice of Peace Sukkur in Crl. Misc. Application No. 4293/2023 filed by the applicant whereby seeking direction for SHO PS Abad to register his FIR against the proposed accused, but the same was turned down, hence preferred the instant application with same prayer.