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.