ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No.S- 61 of 2021.

1. For Orders on office objection.

2. For Orders on MA No. 546/2021.

3. For hearing of main case.

05-04-2021

Mr. Mushtaq Ahmed Shahani, advocate for the applicant.

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Irshad Ali Shah, J;-. The facts in brief necessary for disposal of instant Crl. Misc. Application u/s 561-A Cr.P.C as per applicant are that he was fired at with intention to commit his murder by the proposed accused and then they went away by causing butt blows to his sons and threatening him of murder, therefore, he by making an application u/s 22-A (6) (i) Cr.P.C sought for direction against the police to record his FIR against the proposed accused. It was dismissed by learned Sessions Judge/Ex-Officio Justice of Peace, Sukkur vide his order dated 08-01-2021, which is impugned by the applicant before this Court by way of instant Crl. Misc. Application u/s 561-A Cr.P.C.

2. It is contended by learned counsel for the applicant that the cognizable offence has taken place, therefore learned Ex-officio Justice of Peace/ Sessions Judge Sukkur ought not to have dismissed the application of the applicant by way of impugned order, such order being illegal is liable to be set-side with direction to police to record FIR of the applicant.

3. I have considered the above arguments and perused the record.

4. The fires made at the applicant with intention to commit his murder allegedly by the proposed accused proved to be in effective one, which appears to be significant. Nothing has been brought on record, which may suggest that the sons of the applicant actually sustained butt blows during course of alleged incident. The parties admittedly are disputed over landed property. As per police reports, no incident as alleged by the applicant has taken place. Learned Ex-Officio Justice of Peace/ Sessions Judge Sukkur, therefore in the said circumstances was right to make refusal for issuance of direction to police to record the FIR of the applicant.

5. In case of Rai Ashraf and others Vs. Muhammad Saleem Bhatti and others (PLD 2010 SC-691), it has been held by the Hon’ble Apex Court that;

“ Validity---Dispute between parties was over such house---Applicant had secured restrain, order against respondent from Civil Court, and for its violation, he had a remedy before Civil Court---Applicant had an alternate remedy to file private complaints against respondent---Applicant had filed another application before Ex-officio Justice of Peace/Additional Sessions Judge to restrain public functionaries from taking action against under Lahore Development Authority Act, 1975, Rules and Regulations framed thereunder---Application for registration of FIR had been filed with malafide intention.”

6. No illegality even otherwise is pointed out by learned counsel for the applicant, which may justify making interference with the impugned order by this Court by way of instant Crl. Misc. Application u/s 561-A Cr.P.C, it is dismissed in limine with an advice to applicant to have a recourse u/s 200 Cr.P.C.

Judge

Nasim/Steno