Sindh High Court Directs SSP Khairpur to Investigate Alleged Suicide and FIR Registration Dispute --- Sindh High Court
Islamabad 24-05-2024: The Bench of Honourable Sindh High Court, Bench Sukkur presided over by Mr. Justice Adnan-ul-Karim Memon decided the case [Crl. Misc. Application No. S-772 of 2023] and issued directions to the local police regarding registration of FIR. According to the facts of the case, the applicant, Mst Bashul, challenged the order dated 28-09-2023 issued by the Additional Sessions Judge/Ex-Office Justice of Peace, Khairpur, in Criminal Miscellaneous Application and the application under sections 22-A and 22-B of the Criminal Procedure Code (Cr.P.C.), seeking the registration of an FIR against the proposed accused, was dismissed. The Court concluded that Asif Ali, the deceased, had committed suicide due to a matrimonial dispute. The police had reported the suicide and filed a report under section 174 Cr.P.C. The applicant allegedly sought the FIR to pressure the proposed accused due to her dissatisfaction with the police report.
The applicant claimed that Mst. Seema married her son, Asif Ali, lived with him for 7-8 years, and then divorced him to marry Zohaib Abro. On 06.03.2023, Mst. Seema informed the applicant that Asif Ali had left the house early in the morning and suffered a firearm injury at Shah Hussain Chowk. The applicant found her son in critical condition at the hospital and suspected that Shoaib, instigated by Mst. Seema and others, committed the offense. Her request for FIR registration was initially rejected by the SHO, leading her to file the application dismissed by the Additional Sessions Judge/Ex-Office Justice of Peace.
The Honourable Court observed that police reports indicated Asif Ali's suicide due to a matrimonial dispute. The reports from the DSP Complaint Cell and the SHO did not support the applicant's version of events. The court emphasized that the role of the Justice of Peace under section 22-A, Cr.P.C., is to determine if a cognizable offense is made out from the facts presented, not to conduct a full-fledged investigation. The Supreme Court has established that an SHO must record any information regarding a cognizable offense, irrespective of its authenticity, and cannot refuse to register an FIR under any circumstances.
Keeping in view the conflicting allegations of murder and suicide, the Honourable Court directed both parties to appear before the SSP Khairpur within two days. The SSP is to assess whether a cognizable offense has been committed and either direct the SHO to register the FIR or take appropriate action against the applicant if the story is found fabricated. The Honourable Court upheld the Justice of Peace's decision and instructed the SSP to resolve the matter on its merits within one week.
The Criminal Miscellaneous Application was disposed of, with the Honourable Court’s observation the importance of a proper investigation and adherence to legal procedures for FIR registration. The parties were directed to seek resolution from the SSP Khairpur promptly.
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