ORDER SHEET

 

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

 

Cr. Misc. Appln. No. S-30 of 2022

 

Date of hearing

Order with signature of Judge

 

 

1.      For orders on office objection-A.

2.      For orders on M.A.N.549/2022 (E/A).

3.      For hearing of main case.

 

04.03.2022.

                        Applicant Rabail Jagirani in person.

                                                ---------

            The applicant by way of filing the instant Crl.Misc.Application has impugned an order dated that 12.01.2020, passed by learned 6^th Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana, whereby his application for issuance of direction against the police to record his FIR against the proposed accused was dismissed.

            It is contended by the applicant that the proposed accused have not only occupied his landed property but have fired at him with intention to commit his murder; therefore, learned Ex-Officio Justice of Peace, Larkana, ought not to have dismissed his application by way of impugned order, such order being illegal is liable to be set aside.

                        Heard arguments and perused the record.

                        The dispute between the parties is over the landed property, which the applicant apparently is intending to settle by involving the proposed accused in a false case by making allegation of firing at him at their hands, which proved to be ineffective.

            In case of Rai Ashraf and others vs Muhammad Saleem Bhatti and others (PLD 2010 Supreme Court-691), the Hon’ble apex Court has held that;

“The learned High Court had erred in law to exercise discretion in favour of the respondent No.1 without realizing that the respondent No.1 had filed application before the Additional Sessions Judge/Ex-Officio Justice of the Peace to restrain the public functionaries not to take action against him in accordance with the LDA Act 1975, Rules and Regulations framed thereunder, therefore, respondent No.1 had filed petition with mala fide intention and this aspect was not considered by the learned High Court in its true perspective.”

                        In the said circumstances, learned Ex-Officio Justice of Peace, Larkana, was right to dismiss the application of the applicant by way of impugned order, which is not found illegal to be interfered with by this Court by way of instant Crl.Misc.Application; it is dismissed in limine together with listed application.

                                                                                                             JUDGE