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2019 SHC 574

IMDAD ALI vs SESSIONS JUDGE EX OFFICIO JUSTICE OF PEACE MATIARI

Petitioner: IMDAD ALI VS Respondent: SESSIONS JUDGE EX OFFICIO JUSTICE OF PEACE MATIARI

Court: Sindh High Court Decision Date: 2019-12-20

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Irshad Ali Shah Title: IMDAD ALI vs SESSIONS JUDGE EX OFFICIO JUSTICE OF PEACE MATIARI Case No.: Cr. Misc. Appln. No.S- 603 of 2019 Date of Judgment:2019-12-20 Reported As: 2019 SHC 574 Result: application dismissed

Judgment The applicant by way of filing an application u/s 561-A Cr.P.C has impugned order dated 16.11.2019 passed by learned Ex-of ficio Justice of Peace/ Sessions Judge, Matiari, whereby on application filed u/s 22-A and B Cr.P.C SHO PS Odero Lal has been directed to record statement of the private respondent within parameter of section 154 Cr .P.C. It is contended by learned counsel for the applicant that no incident has taken place, therefore, learned Ex-of ficio Justice of Peace/ Sessions Judge, Matiari, was not competent to have directed recording statement of the private respondent in terms of section 154 Cr .P.C. By contending so, he sought for setting aside of the impugned order . Learned A.P.G for the State and private respondent in person have sought for dismissal of the instant application by supporting the impugned order . I have considered the above arguments and perused the record. If, the applicant is having a feeling that he is being involved by the private responde nt in a false case, then he could prove his innocence by joining the investigation. No wrong is apparent of record, which may justify making interference with the impugned order . Consequent upon the above discussion, the instant application u/s 561-A Cr.P.C is dismissed along with listed application.

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