ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Misc. Application No.S- 97 of 2021.

1. For Orders on MA No. 939/2021.

2. For hearing of main case.

03-05-2021.

Mr. Nusrat Ali Shar, advocate for the applicant.

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The facts in brief necessary for disposal of instant Crl. Misc. Application u/s 561-A Cr.P.C are that the applicant alleging damage to his water course at the hands of proposed accused by making an application u/s 22-A & B Cr.P.C sought for direction against the police to record his FIR. It was dismissed by learned III-Addition Sessions Judge/Ex-Officio Justice of Peace Khairpur vide his order dated 22-12-2020, which is impugned by the applicant before this Court, by way of instant Crl. Misc. Application u/s 561-A Cr.P.C.

It is contended by learned counsel for the applicant that damage to water course of the applicant by the proposed accused constitute a cognizable offence, therefore learned Ex-Officio Justice of Peace ought not to have dismissed the application of the applicant for registration of his FIR by way of impugned order, same being illegal is liable to be set-aside with direction to police to record the FIR of the applicant for the above said incident at his verbatim.

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

As per police report, the applicant and the proposed accused being related inter-se are dispute over water course. If it is so, then such dispute could not be permitted to be resolved in favour of the applicant by involving the proposed accused in a criminal case under the pretext of damage to the water course being public property. In that context, learned Ex-Officio Justice of Peace was right to dismiss the application of the applicant for issuance of direction against the police to record his FIR by way of impugned order, which is not calling for any interference by this Court by way of instant Crl. Misc. Application u/s 561-A Cr.P.C, it is dismissed in limine.

Judge

Nasim/Steno.