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