--Ss. 22-A & B & 561-A--Application u/S. 22-A & B for registration of FIR--There is no provision under law for imposing cost in such a manner as mentioned in impugned order-

 PLJ 2022 Cr.C. (Note) 19

Criminal Procedure Code, 1898 (V of 1898)--

----Ss. 22-A & B & 561-A--Application u/S. 22-A & B for registration of FIR--There is no provision under law for imposing cost in such a manner as mentioned in impugned order--Application filed under Section 22-A B, Cr.P.C. may be allowed or dismissed but no such action can be taken against applicant--Since counsel for applicant has shown his grievance upto extent of cost only, therefore, impugned order is amended and directions regarding imposition of cost of Rs. 25000/- to be deposited with library of Taluka Bar Association Mirwah is set aside--Application disposed of.                                                                                        [Para 1] A

Mr. Ishfaque Hussain Lehgari, Advocate for Applicant.

Mr. Shafi Muhammad Mahar, D.P.G.

Date of hearing: 5.11.2020.

 PLJ 2022 Cr.C. (Note) 19
[Sindh High Court, Karachi Sukkur Bench]
Present: Fahim Ahmed Siddiqui, J.
ABDUL QADEER--Applicant
versus
STATE--Respondent
Crl. Misc. Appln. No. S-535 of 2020, decided on 5.11.2020.

Order

Learned counsel for applicant submits that applicant has filed an application under Section 22-A and B, Cr.P.C. for registration of FIR which was dismissed by learned Additional Sessions Judge Mirwah through order dated 31.08.2020 by imposing fine/cost of
Rs. 25000/- to be paid in library of Taluka Bar Association Mirwah. He submits that under the law in Criminal Misc. Application under Section 22-A, B, Cr.P.C., the learned Sessions Judge has no power to impose fine/cost which according to the impugned order the applicant has been directed to deposit the cost with the library of Taluka Bar Association Mirwah.

Mr. Shafi Muhammad Mahar, D.P.G submits that Court has no power to impose fine. In support of his contention he relied on the case of Ghazi Khalid Hussain Fakhar v. SHO Police Station Tirkhanwala and 2 others (2010 YLR 1593).

I have heard learned counsel for applicant, learned D.P.G for State and perused the material available on record as well as gone through the case law relied upon by learned D.P.G. There is no provision under law for imposing cost in such a manner as mentioned in the impugned order. The application filed under Section 22-A, B, Cr.P.C. may be allowed or dismissed but no such action can be taken against the applicant. Since counsel for applicant has shown his grievance upto extent of cost only, therefore, the impugned order dated 31.08.2020 is amended and directions regarding imposition of cost of Rs. 25000/- to be deposited with library of Taluka Bar Association Mirwah is set aside. The instant criminal Misc. Application is disposed of to above terms.

(A.A.K.)          Application disposed of