ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. M.A No.S-760/2017
Date |
Order with signature of Judge |
For hearing on M.A
No:889/2018
26.03.2018
Mr.Shoukat Ali Makwal, Advocate for applicant.
Mr.Mr.Ubedullah Malano, Advocate for alleged
contemnor.
Mr.Abdul Rehman Kolachi, DPG.
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The
facts leading to passing of this order are that; the applicant filed an
application u/s 22-A & B Cr.P C before learned Justice of Peace, at
Khairpur, whereby he sought for direction against the police to record his FIR
against the official of SEPCO. It was dismissed, such dismissal of his
application the applicant impugned before this court by way of filing a
miscellaneous application. It was disposed of by this court with a direction to
the SEPCO officials to dispose of the application of the applicant for
redressal of his grievance, in accordance with law, within 30 days. The needful
according to the applicant was not done by the SEPCO officials, he then filed
the instant application for initiating the contempt proceedings against the
SEPCO officials.
It
is contended by learned counsel for the applicant that the SEPCO officials on
account of their failure to dispose of the application of the applicant has
committed disobedience to the lawful order of this court, as such they are
liable to be prosecuted.
It
is contended by learned counsel for alleged contemnor that not only application
of the applicant was entertained but it was disposed of with issuance of
deduction bill worth Rs.2300/- in favour of the applicant which is paid. By
contending so, he produced photo stat copy of such bill and then sought for
dismissal of the instant contempt application.
Learned
DPG sought for dismissal of contempt application, as it is based on malafide.
I
have considered the above arguments and perused the record.
As
per the alleged contemnor (SDO SEPCO Setharja) the application of the applicant
was not only entertained but it was disposed of with issuance of deduction bill
in favoaur of the applicant, which is duly paid. If it was so, then the order
of this court apparently is complied with. In that situation no case for
initiating contempt proceedings against the alleged contemnors is made out. If
the applicant is having a grievance that something wrong has been done with him
by the SEPCO officials with regard to consumption of electricity and issuance
of bills against him then he could agitate such grievance before a civil court
having jurisdiction in accordance with law.
The
instant application is dismissed in above terms.
JUDGE
Sajjad