ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Misc. Application No. 413 of 2022

(Abdul Mujeeb Ansari Vs. S.S.P Karachi East & others)

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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Present: Irshad Ali Shah J

1. For orders on M.A.No. 8796/2022 (U/A)

2. For orders on M.A.No. 8796/2022 (Ex/A)

3. For hearing of main case

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26.07.2022

Syed Kashif Hussain Shah, advocate for the applicant

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1. Urgency granted.

2. Deferred.

3. It is alleged by the applicant that the private respondent issued cheque in his favour dishonestly, it was bounced by the concerned Bank when was presented there for encashment. On the basis of such allegations, the applicant by making an application u/a 22-A and B Cr.P.C sought for direction against SHO of PS Gulistan-e-Jauhar Karachi to record his FIR for the above said incident. It was dismissed by learned Ex-Officio Justice of Peace/X-Additional Sessions Judge, Karachi East vide order dated 06.07.2022, which is impugned by the applicant before this Court by way of instant Criminal Misc. Application under Section 561-A Cr.P.C.

It is contended by learned counsel for the applicant that the cognizable offence has taken place, therefore, learned Ex-Officio ought not to have dismissed the application of the applicant by way of impugned order, such order being illegal is liable to be examined by this Court.

Heard arguments and perused record.

Apparently there was business transaction between the applicant and the private respondent. If for the sake of arguments, it is believed that incident as alleged by the applicant has actually taken place even then the direction for recording of his FIR for the said incident could hardly be issued for the reason that the entire evidence which is likely to be collected by the police during course of investigation is already lying with the applicant, in these circumstances, the alternate and adequate remedy for the applicant would be to file a direct complaint of the alleged incident before the Court having jurisdiction or to file a civil suit for recovery of his money under the cheque before the Civil Court having jurisdiction. No illegality is apparent which may justify this Court to make interference with the impugned order by way of instant Cr. Misc. Application, consequently, it is dismissed in limine.

J U D G E