ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.S- 75 of 2022

(Sher Ali vs. Province of Sindh and others)

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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Before: Irshad Ali Shah J.

For hearing of main case

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19.07.2022

Mr. Abdul Zubaid advocate for the petitioner

Mr. Talib Hussain Memon Asstt. P.G

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It is stated by the learned counsel for the petitioner that on filing of an application under Section 22-A and B Cr.P.C, learned Ex-Officio Justice of Peace/IV-Additional Sessions Judge, Karachi West directed SHO P.S Manghopir to record statement of petitioner for purpose of FIR or otherwise, vide order dated 28.08.2021; such order was not complied with, therefore, petitioner by filing an application sought for prosecution of the said SHO under contempt proceedings, it too was disposed of by learned Ex-Officio Justice of Peace/IV-Additional Sessions Judge, Karachi West directing SHO PS Manghopir to record statement of petitioner for purpose of FIR or otherwise within three days and to furnish such report vide order dated 10.11.2021, which is not being complied with and in these circumstances, the petitioner has approached this Court for direction to SHO Manghopir to make compliance of above said orders of Ex-Officio Justice of Peace/IV-Additional Sessions Judge, Karachi West.

SHO PS Manghopir in his report has stated that the petitioner has not approached him for the needful. If it is believed that the orders passed by Ex-Officio Justice of Peace for recording of statement of petitioner for purpose of FIR or otherwise, are not being complied with then the petitioner could have approached the learned Ex-Officio Justice of Peace again for the needful. High Court is not supposed to execute or pass orders for compliance of the orders passed by Ex-Officio Justice of Peace, that too in exercise of its constitutional jurisdiction. Consequently, the instant petition being misconceived is dismissed.

J U D G E