ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Misc. Appln. No.S-316  of 2020.

         

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1.      For orders on office objection ‘A’.

2.      For hearing of main case.

21.02.2022.

 

Mr. Razi Khan Nabi Bux R.Chandio, Advocate for applicant.

 

                                                            -.-.-.-.-.-.-

 

                        The applicant by way of filing the instant Crl.Misc.Application has impugned an order dated that 24.08.2020, passed by learned 2nd 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 robbery from his house, 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.

                        Apparently, the parties are disputed over matrimonial affairs. If for the sake of arguments, it is believed that there is no dispute between the parties over matrimonial affairs 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.

                                                                                                                    JUDGE