ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 218 of 2022

Date of hearing

Order with signature of Judge

Fresh case.

1. For orders on MA No.1766/2022 (U/A)

2. For orders on office/objection at Flag ‘A’.

3. For orders on MA No. 1767/2022 (Ex)

4. For hearing of main case.

18.04.2022.

Applicant Javed Ali Kharos, present in person.

-.-.-.-

Through this Criminal Misc. Application applicant who is present in person has impugned the order dated 09.04.2022 wherein an application under section 22-A B Cr.P.C for registration of FIR was dismissed by learned Additional Sessions Judge-V/Ex-officio Justice of Peace, Sukkur.

2. I have perused the impugned order carefully and perused the material brought on record. Relevant para No.4 thereof is re‑produced as under:

“ 4. Heard the applicant in person, learned counsel for proposed accused and learned DDPP for the State and also perused the contents of memo of instant Cr. Misc. Application and reports of police officials very carefully, perusal of which reflects that there is dispute in between applicant and proposed accused over some outstanding amount, which comes within the domain of civil nature. It appears that applicant wants to get case lodged after obtaining order from this Court. In the case of Muhammad Ameen v. Bashir Ahmed and others (2006 SCMR 969) before the Honourable Supreme Court, it has been held that in case of a civil dispute, criminal proceedings cannot be made a substitute for determination of civil rights. The Honourable Supreme Court in the case of Rai Ashraf and others vs. Muhamamd Saleem bhatti and others reported in (PLD 2010 SC 691) has held that Ex-Officio Justice of Peace is fully competent to go into the details of the case and apply his judicial mind. He is not expected to pass orders in the mechanical manner.”

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