ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Criminal Misc. Application No. 213 of 2022
(Mrs.
Sidra Fawad Sheikh vs. The State and others)
DATE ORDER
WITH SIGNATURE OF JUDGE
1. For orders on office objection a/w reply at flag A
2. For orders on M.A.No. 4378/2022
3. For hearing of main case
03.08.2022
Mr. Raja Khalil-uz-Zaman advocate for the applicant
-.-.-.-.-.-.-.
1&2. Deferred.
3. The
applicant by way of instant Criminal Misc. Application has impugned order dated
09.02.2022 passed by learned Ex-Officio Justice of Peace/II-Additional Sessions
Judge, Karachi East, whereby he has directed the official respondents to
protect the applicant from undue harassment, however, has declined to order
registration of her FIR.
It
is contended by learned counsel for the applicant that cognizable offence has
taken place, therefore, learned Ex-Officio Justice of Peace ought not to have declined
to issue direction for registration of the FIR of the applicant. By contending
so, he sought for direction against the police to record FIR of the applicant
for the alleged incident by modifying the impugned order.
Heard
arguments and perused record.
Learned
Ex-Officio Justice of Peace has declined to issue direction for registration of
the FIR of the applicant by validly observing that;
“It is transpired that civil suit bearing
No.1263/2021 is pending adjudication between the parties in the Hon’ble High
Court of Sindh Karachi regarding vehicles while proposed accused Mst. Mahrukh
has already been lodged FIR bearing No. 17/2022 at PS Gulistan-e-Johar, hence,
it is proved that there is dispute between the parties over the inherited
properties left by deceased Fawad Ahmed Sheikh and applicant wants to convert
the civil dispute into criminal case and this application is counter blast of
above mentioned FIR. Hence, applicant has approached the court with un-clean
hands.”
The
impugned order is appearing to be prefect on legal premises with proper
justification and is not calling for any interference by this Court by way of
instant Crl. Misc. Application, same being misconceived is dismissed in limine.
JUDGE