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Petitioner: Mst Suraiya VS Respondent: SSP Complaint cell Badin & others
Court Name: Sindh High Court Judge(s): Irshad Ali Shah Title: Mst Suraiya vs SSP Complaint cell Badin & others Case No.: Cr. Misc. Appln. No.S- 704 of 2020 Date of Judgment:2020-12-11 Reported As: 2020 SHC 1320 Result: Application dismissed
Judgment ORDER 1. Urgency granted. 2&3. Overruled. 4. 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 her FIR against the proposed accused for running Narcotics den and threatening her of dire-consequences, but learned 2nd Additional Sessions Judge / Ex-of ficio Justice of Peace, Badin has disposed of the same vide his order dated 25.11.2020 simply directing the police to provide protection to the applicant, such order being illegal is liable to be set-aside with direction to SHO PS Gulab Laghari to record statement of the applicant for purpose of FIR. The narration made above, hardly constitu tes a cognizable offence. 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.