IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                Crl.Misc.Appln.No. S - 143 of 2021

 

Date

               Order with signature of Judge

 

 

 

                  

                   For Hearing of main case.

                             -

18-03-2021.

 

                   Mr.Zakir Ali Rajper Advocate for applicant.

                                                -

                            

          Through this criminal miscellaneous application, applicant Muhammad Motan has challenged the order dated 30.01.2021 passed by the Court of learned Additional Sessions Judge-I/Ex-Officio Justice of Peace, Khairpur in Crl.Misc.Application No.61/2021 whereby dismissing the application filed by him for registration of F.I.R.

          Learned counsel for the applicant has not been able to satisfy that how the order dismissing the application filed by the applicant for registration of F.I.R, can be set aside when the Ex-Officio Justice of Peace has made following observations in the impugned order.

“From perusal of record, it appears that there is a dispute between applicant and proposed accused over agricultural land but applicant wants to convert the same into criminal litigation. The DSP complaint Cell, Khairpur submitted report, in which he negates the version of contents of application and further reported that applicant could not prove the case before him.  Record further reveals that prior to this, wife of present applicant namely Mst.Sami Khatoon Mallah had lodged F.I.R bearing Crime No.06/2021 for the offence punishable U/Ss 395, 337-L2, 337-A(i), 147, 148, 149 PPC at PS Sorah on 21.07.2020 against the proposed accused persons. I am  not in agreement with the submission made by the learned counsel for the applicant. I am also fortified in this behalf by the case law reported as 2014 P.Cr.L.J 1093 (Sindh) wherein it has been held that “Caution to be exercised by the Justice of Peace—Court was duty bound to take care  of such misuse—application under S.22-A, Cr.PC, should not be entertained lightly in a mechanical manner for direction to the police to register statement of Complainant and start prosecuting the alleged accused persons—Such caution was even more necessary when the alleged offence was a serious nature, which might create a law and order situation in the area”.

 

          After hearing the arguments of learned counsel for the applicant, and perusal of the impugned order, I am of the considered view that the learned trial Court has rightly passed the order dated 30.01.2021, which does not call for any interference. Criminal miscellaneous application is dismissed alongwith pending applications, if any.

 

 

                                                                                        JUDGE

 

 

 

 

 

 

 

 

Akber.