ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No.S-804 of 2021

Date	Order with signature of Judge

1. For Orders on office objection.

2. For hearing of main case.

20-01-2022.

Mr. Ali Murad Malano, advocate for the applicant.

Mr. Abdul Jabbar Siyal advocate for respondent No.2.

Mr. Khalil Ahmed Maitlo, Depury Prosecutor General.

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Through the instant Crl. Misc. Application, the applicants have impugned the order dated 18-11-2021 passed by learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace Ghotiki in Crl Misc. Application No. 3177/2021 filed by the respondent No.2 for registration of FIR against the applicant, which was allowed; hence the instant application.

Learned counsel for the applicants has contended that learned Ex-Officio Justice of Peace called the report from DSP Complaint Redressal Centre Ghotki which reveals that no any offence has taken place and there is civil dispute between the parties, , but without considering such facts, the impugned order has been passed; that applicant and respondent No.2 are real brothers; that learned Ex-Officio Justice of Peace passed the impugned order in hasty manners, hence he prays for setting aside the impugned order.

Learned DPG for the State as well as learned counsel for respondent No. 3 support the impugned order. Learned counsel for the private respondents submits that there dispute between the parties over the partition of property, otherwise no such cognizable offence has taken place.

I have heard learned counsels for the parties and have perused the material available on record.

Perusal of record shows that the applicant No.1 and respondent No.2 are real brothers, while applicant No.1 is father of applicant No.2 and there is dispute between them over the partition of the landed property. It seems that the story narrated by the respondent No.2 in his application filed before the Ex-officio Justice of Peace is flimsy as how one brother can committed robbery from the house of his brother, which shows malafide on the part of respondent No.2. Generally the parties have made a practice to humiliate and disgrace their opponents by filing such application by managing a false story. It appears that respondent No.2 has not approached the Ex-Office Justice of Peace with clean hands. Thus the instant Crl. Misc. Application is allowed and the impugned order passed by learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace Ghoti is set aside. However, the respondent No.2 is at liberty to file a direct complaint, if so advised.

Judge

Nasim/P.A