ORDER SHEET

 

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

 

Cr. Misc. Appln. No. S- 14 of 2021

 

Date of hearing

Order with signature of Judge

 

1. For orders on office objection-A.

2. For orders on MA No.185 of 2021. E/A.

3. For hearing of main case.

21.02.2022.

                        Syed Soofan Shah, advocate for the applicant.

                                                ---------

            The applicant by way of filing the instant Crl.Misc.Application has impugned an order dated that 31.12.2020, passed by learned 2^nd Additional Sessions Judge/Ex-Officio Justice of Peace, Qamber, whereby his application for issuance of direction against the police to record his FIR against the proposed accused was dismissed.

                        It is contended by learned counsel for the applicant that the proposed accused have committed theft of paddy crop of the applicant, which constitutes a cognizable offence, therefore, learned Ex-Officio Justice of Peace, Qamber, ought not to have dismissed the application of applicant by way of impugned order, the same being illegal is liable to be set aside.

                        I have considered the above arguments and perused the record.

                        As per impugned order, there is dispute between the parties over the landed property. If for the sake of arguments, it is believed that there is no dispute between the parties over the landed property and the incident as alleged by the applicant has taken place, even then he has an alternate and adequate remedy to exhaust by way of filing a direct complaint before the Court having jurisdiction. No illegality in impugned order is apparent, which may justify making interference with it. Consequently, the instant Crl.Misc.Application is dismissed in limine together with listed application.

                                                                                                                    JUDGE