ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 496 of 2016

Date Order with Signature of Hon’ble Judge

For hearing of main case

18.03.2019

Mr. Ghulam Murtaza Channa Advocate for applicant.

Mr. Tariq G. Hanif Mangi Advocate for respondents.

Mr. Zulfiqar Ali Jatoi Additional P.G

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Irshad Ali Shah, J; The applicant by way of instant Criminal Miscellaneous Application under Section 561-A Cr.PC, has impugned order dated 03.11.2016, passed by learned Additional Sessions Judge / Ex-Officio Justice of Peace, Gambat, whereby his application under Section 22-A & B Cr.P.C for issuance of direction against SHO PS Ranipur for recording his statement under Section 154 Cr. P.C was dismissed.

2. The fact in brief necessary for disposal of instant Criminal Miscellaneous Application as per applicant are that the proposed accused have encroached upon his landed property by maltreating him and now are demanding bhatta from him.

3. It is contended by learned counsel for the applicant that learned Additional Sessions Judge / Ex-Officio Justice of Peace, Gambat, has dismissed the application of the applicant without lawful justification. By contending so he sought for direction against SHO PS Ranipur to record statement of the applicant under Section 154 Cr. P.C. as the allegation according to him constitutes cognizable offence.

4. Learned APG for the State and learned counsel for private respondents have sought for dismissal of the instant Criminal Miscellaneous Application by contending that no incident as alleged by the applicant has taken place and the applicant in order to defeat the pendency of civil litigation is intending to involve the proposed accused in a false criminal case.

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

6. The parties admittedly are disputed over landed property, such dispute as per the proposed accused is pending adjudication before the civil / Revenue courts having jurisdiction. In that situation, learned Additional Sessions Judge / Ex-Officio Justice of Peace, Gambat, was right to dismiss the application of the applicant, such dismissal is not calling for any interference by this court. Consequently, the instant Criminal Misc: Application is dismissed.

Judge