ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No. S – 1191 of 2017

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on M.A No.119468/2017 (U/A)

2. For orders on CMA No.11947/2017 (Ex.A)

3. For Katcha Peshi.

29.12.2017

Mr. Muhammad Ayaz Shaikh, Advocate for the Applicant.

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1. Urgency granted.

2. Granted, subject to all just exceptions.

3. Through this Criminal Miscellaneous Application, the applicant has impugned the order dated 29.11.2017 passed by learned Additional Sessions Judge/ Ex-Officio Justice of Peace, Sukkur.

Learned counsel for the applicant submits that the learned Ex-Officio Justice of Peace has failed to appreciate the facts of the case, whereas, the applicant was never present before the Court.

I have heard the learned counsel and perused the record. On perusal of the order, it reflects that the same has been passed after hearing both the parties and on perusal of the entire record the matter appears to be of a dispute between the parties regarding some property and it further reflects that son of the applicant was present in Court and was covered with bandage and in presence of a doctor he was examined The bandage was opened and no injury was found. On this basis, the application under Section 22-A 6(i) and 22-B, Cr.P.C was dismissed. The relevant finding reads as under:-

“I have heard the both parties and perused the entire record. It appears that there is dispute of the applicant and respondent/proposed accused on the property, therefore, the applicant has managed this story against the proposed accused. The son of the applicant namely Rashid appeared in person in the Court room, his head was covered with bandage and in presence of one Dr. this Court has given the order to Dr. to see the injury of the applicant’s son, when the Dr. opened the bandage no any injury was appeared, therefore, in my humble view, the applicant has not filed this application with clean hands, therefore, there is purely matter of the civil nature in between both parties. The Cr. Misc. Application is disposed of accordingly.”

After going through the impugned order, I am of the view that the same is correct and there appears no justifiable ground to interfere with the order. Accordingly, this Criminal Miscellaneous Application is dismissed in limine.

JUDGE

A.R.BROHI