ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 72 of 2018

Date Order with Signature of Hon’ble Judge

Priority case

1. For hearing of main case

2. For hearing of MA No.664/2018 (S/A)

04.03.2019

Mr. Ajeebullah Junejo Advocate for the Applicant

Respondent No.3 in person

Mr. Abdul Rehman Kolachi, DPG for the State

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Irshad Ali Shah, J;- The applicants by way of instant Criminal Miscellaneous Application under Section 561-A, Cr.P.C have impugned the order dated 25.01.2018 passed by learned Ex-Officio Justice of Peace/ Additional Sessions Judge Pano Akil, who on application under Section 22-A(6)(1) Cr.P.C, has directed SHO Police Station Pano Akil to the following effect;

“attaining circumstances do suggest to make direction to SHO to do according to law.”

2. The facts in brief necessary for disposal of instant criminal miscellaneous application are that the private respondent gave Rupees Fourteen lac in installments to the applicants to provide job to his son Haq Nawaz and nephew Dilshad, which they failed to provide and returned the above said money to the private respondent by way of cheques which were bounced by the bank when those were presented there for encashment, the private respondent then approached the police for recording of his FIR, it was not recorded by the police and he then by way of filing an application u/s 22-A and B Cr.P.C sought for direction against SHO P.S Pano Akil to record his FIR against the applicants which was issued as is detailed above by way of impugned order.

3. It is contended by learned counsel for the applicants that there is dispute between the parties over settlement of account relating to sale and purchase of plots. By contending so, he sought for setting aside of the impugned order.

4. Learned DPG for the State who is assisted by private respondent by supporting the impugned order has sought for dismissal of the instant criminal miscellaneous application by contending that the impugned order is well reasoned.

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

6. The jobs in Public Service are to be provided on merits after inviting the applications from the general public through Newspapers. If the private respondent was going to have jobs for his son and nephew other than the merit by making payment then he has to blame him for such wrong doing. Even otherwise, nothing has been brought on record, which may suggest that the applicants were competent to make appointment in public service for that they were paid by the private respondent. If for the sake of arguments, it is believed that the disputed cheques were actually issued by the applicants and those have been bounced by the concerned Bank when were presented for encashment and for that FIR of the private respondent is not being recorded by the police then the applicants is having a alternate remedy to exhaust by way of filing a direct complaint before the Court having jurisdiction, such remedy being adequate apparently would meet the ends of justice, as police in such like case has hardly to do anything as entire evidence which is to be collected by police on investigation is already in possession of the private respondent. In these circumstances, the impugned order could not be sustained. It is set aside.

7. The instant Criminal Miscellaneous application is disposed of in the above terms along with listed application.

Judge

ARBROHI