ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-790 of 2018.

Date	Order with signature of Judge

1. For Orders on office objection.

2. For hearing of main case.

26-11-2018.

Mr. Mehboob Ali Doongah, advocate for applicant.

Mr. Mir Afazal Hussain Talpur, APG.

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Through the instant application, the applicant Muzaffar Ali Dahar has impugned the order dated 15-09-2018 passed by learned Ex-Office Justice of Peace/Sessions Judge Naushehro Feroze, whereby he has dismissed an application u/s 22A & B CrPC filed by the applicant.

2. The relevant facts of the case are that on 10-09-2018 the applicant and his brother Zahid Ali were returning from New Jatoi towards their village Mango Khan Dahar. At about 5-00 pm, when the applicant party reached at Mori between New Jatoi and Deparja Link road where the proposed accused A.S.I. Ghulam Nabi Shar along with two unidentified police personnel forcibly robbed the cash amount of Rs. 1720/-, one Q mobile worth Rs. 10,000/- and also put his brother Zahid Ali in the mobile and then release him.

3. Learned counsel for the applicant submits that proposed accused have committed the cognizable offence and he approached the Ex-Office Justice of Peace/Sessions Judge Naushehro Feroze, where his application u/s 22A & B CrPC was dismissed on the ground that he is a criminal man and has filed the application in order to rescue his relative Najab alias Najoo who is also involved in number of cases. He relied upon PLD 2007 SC 539.

4. Proposed accused A.S.I. Ghulam Nabi Shar is present and states that the allegations leveled by the applicant are false and concocted and he is nominated in number of F.I.Rs.

5. Learned APG submits that applicant is involved in number of cases and he has filed the instant application in order to pressurize the police officials, who are investigating his case and learned Ex-Officio Justice of Peace/Sessions Judge Naushehro Feroze has rightly dismissed his application, therefore, he has opposed the instant application.

6. I have heard learned counsel for the applicant, proposed accused No. 1 in persons as well as learned APG and have perused the material available on record.

7. It is admitted position that applicant and his relatives are involved in number of criminal cases and in order to pressurize the police official, the instant application has been filed to register the F.I.R. against the police officials and in such circumstances, it would be appropriate for the applicant to file direct complaint before the competent Court. In case of Habidullah V. Political Assistant, Dera Ghazi Khan and others (2005 SCMR 95), the Honourable Supreme Court of Pakistan observed that private complaint could provide an equal adequate relief to the petitioner because he could lead the entire evidence before the trial Court and his grievance could be adequately redressed, therefore, it would be appropriate for the application to file direct complaint.

8. In view of above, the instant Cr. Misc. Application stands dismissed.

Judge

Nasim/P.A