IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No.S- 828 of 2021.

Date	Order with signature of Judge

For hearing of main case.

24.02.2022.

Mr. Shahid Aziz Kaleri, Advocate for Applicant.

Mr. Khalil Ahmed Maitlo, D.P.G.

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Through the instant Criminal Misc. Application, the applicant has impugned the Order dated 25.11.2021 passed by learned Additional Sessions Judge-I (MCTC)/Ex-Officio Justice of Peace Ghotki, who dismissed the Criminal Miscellaneous Application u/s 22-A (6) (i) Cr.P.C bearingCriminal M.A No. 3231/2021 filed by the applicant for registration of FIR, hence the applicant filed the instant Criminal Misc. Application.

2. Learned counsel for the applicant submits thatthe application filed by applicant under section 22-A B Cr.P.C for registration of FIR was dismissed on the ground that applicant has not approached before the Court with clean hands but per learned counsel for applicant he has moved an application to S.S.P Ghotki and produced the same before this Court in which he has disclosed the cognizable offences as such he prays the impugned order of Ex-officio Justice of peace may be set aside and the directions may be given to SHO for registration of FIR against proposed accused.

3. On the other hand learned Deputy Prosecutor General has supported the impugned order and seeks dismissal of instant Criminal Misc. application. He relied upon the cases of Imtiaz Ahmed Cheema SHO vs. SHO Police Station Daharki, Ghotki and 2 others (2010 YLR 189) and Rai Ashraf and others vs. Muhammad Saleem Bhatti and others (PLD 2010 Supreme Court 691).

4. I have heard learned counsel for the applicant, learned D.P.G and have scanned the material available on record. From the perusal of record it reflects that the applicant is owner of Atta Chakki and the proposed accused belongs to Food department as such he intends to drag them in criminal litigation and has filed application for registration of FIR. Admittedly from perusal of application which was moved by applicant to S.S.P Ghotki, no where date, time and names of the witnesses has been shown. Furthermore report has been called from SHO P.S ‘A’ Section Ghotki who has reported that there is dispute between the applicant and proposed accused over cheque matter and the applicant has exaggerated the facts in the memo of application under section 22-A B Cr.P.C. Since there is dispute between the officials of food department and the owner of Atta Chakki and applicant wants to convert his business dispute into criminal litigation and has filed the instant petition to involve the proposed accused in criminal litigation.In these circumstances it appears that there is no any illegally and infirmity in the impugned order passed by learned Additional Sessions Judge-I (MCTC) Ex-officio Justice of Peace Ghotki through his impugned order and same does not requires any interference, therefore the instant Criminal Misc. Application stands dismissed.

Judge

Irfan/P.A