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
>>>>>>>…<<<<<<<<
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