IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc.Application No.S-193 of 2017

Applicant                    :                    Haji Abdul Rauf s/o Haji Abdul Ghafoor Khoso

Through Mr.Ghulam Dastagir Shahani, Advocate

State                             :                    Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

Date of hearing         :                    17.09.2018             

Date of order             :                    17.09.2018                         

O R D E R

IRSHAD ALI SHAH, J.- The applicant filed an application under section 22-A & 22-B Cr.PC before learned Sessions Judge/Ex-Officio Justice of Peace, Kashmore @ Kandhkot, against the proposed accused for recording his statement u/s.154 Cr.PC against them allegedly for committing trespass in his office, committed mischief and criminal intimidation, it was dismissed by learned Sessions Judge/Ex-officio Justice of Peace Kashmore @ Kandhkot by advising the application to invoke the civil remedy, such dismissal of his application the applicant has impugned before this Court by way of instant application u/s.561-A Cr.PC.

2.                    It is alleged by learned counsel for the applicant that the cognizable offence was committed by the proposed accused; they as such are liable to be prosecuted in accordance with law. By contending so, he sought for direction against the police to record statement of the applicant u/s.154 Cr.PC.  

3.                    It is contended by learned A.P.G that the proposed accused being responsible officers removed the encroachment which the applicant made over the public property and the applicant being annoyed of such action is intending to involve them in a false case.

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

5.                    It was submitted by SHO, P.S, Kashmore, in his report which he furnished before learned Sessions Judge/Ex-Officio Justice of Peace, Kashmore @ Kandhkot that the applicant by making encroachment over part of cattle-pond (public property) has constructed his office thereon illegally; such an encroachment was removed by the officers concerned in accordance with law. Such report was not rebutted by the applicant by way of filing his objection, which makes it believe that the report of the police was accepted by the applicant. in that situation, the contention of learned A.P.G that the applicant in order to protect his encroachment over the public property has attempted to involve the officers in a false case malafidely by leveling against them the allegation of mischief and criminal intimidation, could not be lost sight of.

6.                    In case of Rai Ashraf and others vs. Muhammad Saleem Bhatti and others (PLD 2010 SC-691), it has been held by the Hon’ble Supreme Court of Pakistan that;

“ Validity---Dispute between parties was over such house---Applicant had secured restrain, order against respondent from Civil Court, and for its violation, he had a remedy before Civil Court---Applicant had an alternate remedy to file private complaints against respondent---Applicant had filed another application before Ex-officio Justice of Peace/Additional Sessions Judge to restrain public functionaries from taking action against under Lahore Development Authority Act, 1975, Rules and Regulations framed thereunder---Application for registration of FIR had been filed with malafide intention.”

7.                    In said circumstances, learned Sessions Judge/Ex-Officio Justice of Peace, Kashmore @ Kandhkot, by dismissing the application of applicant has committed no wrong which may justify making interference with it by this Court by way of instant Criminal Misc.Applicatoin u/s.561-A Cr.PC, it is dismissed accordingly.

J U D G E

-