ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Misc.Appln.No.S-55 of 2018.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection “A”

2. For Hearing of main case.

09.07.2018.

Mr. Ghayoor Abbas Shahani, Advocate for the applicant.

Mr. Safdar Ali Bhutto, Adv: for respondents No.1, 2, 10 & 20.

                   Mr. Imtiaz Ali Solangi, A.P.G

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1. Over-ruled.

                   2. It is alleged by the applicant that the private respondents after having formed an unlawful assembly and in prosecution of their common object, caused him butt blows on his right hand and then went away by robbing him of Rs.35000/-, his nephews Muzafar and Imran of their gold chain, mobile phone and Rs.15000/-, only to satisfy their dispute with him over landed property, for that according to him, his FIR was not recorded by police, he then sought for direction for recording the FIR by way of filing an application u/s.22-A & B Cr.PC, it was dismissed by learned 2^nd Additional Sessions Judge/Ex-Officio Justice of Peace, Kamber vide his order dated 16.02.2018, which he has impugned before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.     

3.                It is contended by learned counsel for the applicant that application of the applicant for recording of his FIR has been dismissed by learned 2^nd Additional Sessions Judge/Ex-Officio Justice of Peace, Kamber, without any justification. By contending so, he sought for direction against the police to record FIR of the applicant, as according to him the narration which the applicant has made in his application is disclosing commission of cognizable offence.

4.                Learned Counsel for the private respondents has sought for dismissal of the instant application by contending that the applicant is intending to involve the private respondents in a false case malafidely only to satisfy his dispute with them over landed property, which is pending adjudication before the Civil Court having jurisdiction. In support of his contention, he relied upon case of Rai Ashraf and others   vs. Muhammad Saleem Bhatti and others, which is reported at          PLD 2010 SC-691, wherein, the order passed by Hon’ble Lahore High Court in exercise of its writ jurisdiction for recording FIR of the applicant was set aside by Hon’ble Supreme Court of Pakistan by making an observation that the application for registration of FIR was filed by the applicant with malafide intention.

5.                Learned A.P.G has supported the impugned order.

6.                I have considered the above arguments and perused the record.

7.                It was single butt injury, which the applicant allegedly sustained on his right hand at the hands of private respondents. On medical examination the applicant was found sustaining three injuries. How it happened? No explanation to it is furnished by the applicant.
Be that as it may, for single injury the applicant is intending to involve 21 persons of the same family under the grab of robbery obviously with a view to resolve his dispute with them over landed property which is already pending adjudication before the Civil Court of component jurisdiction. In these circumstances, learned 2^nd Additional Sessions Judge/Ex-Officio Justice of Peace, Kamber, was right to record dismissal of application of the applicant under section 22-A & B Cr.PC by way of impugned order, which apparently is not calling for any interference by this Court by way of instant application u/s.561-A Cr.PC, it is dismissed accordingly.

J U D G E

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