ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 183 of 2022

Date of hearing

Order with signature of Judge

Fresh case.

1. For orders on office objection at Flag ‘A’.

2. For orders on MA No.1615/2022 (Ex)

3. For hearing of main case.

22.04.2022.

Mr. Manzoor Hussain Narejo, Advocate for applicant.

-.-.-.-

Through this Criminal Misc. Application applicant Mubeen Ahmed Narejo has impugned the order dated 26.02.2022 wherein an application under section 22-A B Cr.P.C for registration of FIR was dismissed by learned Additional Sessions Judge-IV/Ex-officio Justice of Peace, Khairpur.

2. I have perused the impugned order carefully and perused the material brought on record. Relevant para No.6 thereof is re‑produced as under:

“ I have considered the arguments of both sides and perused record. Perusal of record shows that the DSP complaint cell Khairpur in his report submitted that both parties were called but they did not appear for the purpose of enquiry. SHO reported that there is a dispute over plot between the applicant and proposed accused but the applicant has moved a baseless application. The applicant in this application has, inter-alia, alleged that on 23.09.2021 at 10:00 am proposed accused by show of deadly weapons committed robbery of cash amount and mobile phone and extended threats that if the applicant restrains them from constructing a wall then they shall kidnap applicant and will commit his murder. The applicant as well as proposed accused have filed copies of application moved by the applicant to SSP Khairpur regarding the same incident. The applicant in said application has contended that on 23.09.2021 at 10:00 am proposed accused were illegally constructing the boundary wall over the plots of applicant and when applicant restrained the proposed accused, the proposed accused by show of weapons extended threats of commission of murder to the applicant. The applicant in that application has not made any allegation of robbery or attempt to kidnap. It appears that there is dispute between the applicant and proposed accused over plots. The dispute between the parties appears to be of purely civil nature. Moreover, the story set forth in the instant application appears to be absurd and does not inspire confidence of the Court. It is held in the case of Muhammad Mushtaque Versus State (2008 YLR 2301) that the law does not expect and require to allow the request of complaining person mechanically, blindly and without application of legal mind and Justice of peace is competent to examine complainant with full application of legal mind and is not supposed to accept and believe the same as gospel truth and if it is found that allegation set up by complaining persons appears to be ridiculous or self-contradictory or vague or barred by law or offensive to public policy and accepted standards of morality, he may be legally justify to turn down the request of registration of case.”

3. In view of above, I find no illegality or irregularity while passing the impugned order which is speaking and the same does not requires any interference, therefore the instant Criminal Misc. Application stands dismissed. However, the applicant is at liberty to file direct complaint against the proposed accused before the competent Court of law if so desire.

Judge

Irfan/PA