IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc. Appln. No. S-11 of 2022.
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Date of hearing
25-04-2022.
Mr. Muhammad Nasir
Malik Advocate for Applicant.
Mr. Abdul Mujeeb
Shaikh Advocate for respondents No.4,5& 7.
Mr.ImranMubeen
Khan APG.
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ORDER
Through this
miscellaneous application, applicant Faiz Muhammad has assailed the order dated
01.01.2022 passed by the learned IInd Additional Sessions Judge/Ex.Officio
Justice of Peace, Naushahro Feroze in Cr.Misc.Appln.No.5048/2021 filed under
Section 22-A & 22-B, Cr.P.C for registration of FIR against the proposed
accused, which was dismissed.
Pursuant
to notice issued by this Court, the official respondents No.1 to 3 file their
written statements, which are taken on record.
Learned counsel for
the applicant contends that the impugned order has been passed by the learned
trial Court without considering the material available on record and arguments
of the applicant’s side, otherwise the applicant has good case on merits for
registration of FIR against the proposed accused. He prays for setting aside
the impugned order.
Learned
counsel for respondents No.4, 5 & 7 and learned APG appearing for the State
support the impugned order by contending that the order is speaking one and
does not call for any interference by this Court.
Per
record, the dispute between applicant and proposed accused arose over ownership
of house in pursuance thereof civil suit was filed by the present applicant
against private respondents but same was dismissed. However, offshoot of the
said proceedings in the shape of second appeal/revision is pending before this
court.
From
perusal of the impugned order, it appears that learned Sessions Judge/Ex-Officio Justice of Peace,
Naushahro Feroze, after hearing counsel for the
parties and taking into account the material facts has passed speaking order. There
appears no illegality and or infirmity in the impugned order. No force is
found in the stance taken by the applicant in the present proceedings and
further learned counsel for the applicant has also
failed to point out any error and or any illegality, infirmity or
jurisdictional error in the impugned order, which could warrant interference by
this Court. Consequently, this
Criminal Miscellaneous application having no merits is dismissed.
J U D G E
Akber.