ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

 

Crl. Misc. Appln. No. S-  172, 173, 174, 175, 176 and

177 of 2019.

 

Date of hearing

Order with signature of Judge

 

08.12.2022.

 

            Mr. Ali Nawaz Ghanghro, Advocate for applicants in all matters.

            Mr. Aijaz Ahmed Bhatti, Advocate for respondents No.1 to 3 in Crl. Misc. Appln. No. S- 172 of 2019.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

~~~~~~~

 

 

Amjad Ali Sahito, J-.        Through these Criminal Miscellaneous Applications, the applicants Wazir Ali, Mazan Ali, Akhtiar Ali, Wali Muhammad, Abbas Ali, Imamuddin have assailed the order dated 31.07.2019 passed by learned Additional Sessions Judge-II, Mehar (District Dadu) in the capacity of Ex-Officio Justice of Peace, whereby the applications filed by above named applicants seeking directions to lodge their FIRs against the proposed accused persons were dismissed. 

 

            The facts of the case are that the applicants filed applications before learned Sessions Judge, Dadu by invoking his authority as Ex-Officio Justice of Peace under Section 22-A & 22-B Cr.P.C, which was made over to learned 2nd Additional Sessions Judge, Mehar. Through the said applications, the applicants sought directions to the respondent/ SHO to register case/ FIR against the proposed accused in respect of an incident allegedly taken place on 09.07.2019, according to which the proposed accused who are officials/ officers of the Forest Department and the Police department; were responsible for dismantling the huts / “landhis”, causing damages to standing crops and dispossessing them form the agricultural land.

 

            While pressing these applications, the learned counsel for the applicants submitted that the impugned order is against the settled legal principle and contrary to the facts of the applicants’ case. According to him, the learned Ex-Officio/Justice of Peace has grossly erred in not appreciating the material placed before him, to the effect that the applicants are the lawful owners of the agricultural land from which they have been dispossessed by the Forest Officials with help of police and that the civil litigation is pending before the Court of law. Learned counsel further added submitted that impugned order is contrary to both law and facts and it is agaisnt principles settled for administration of criminal justice and it is passed by learned Ex-Officio/Justice of Peace by not recording justifiable reasons, hence the impugned order is not maintainable. The learned counsel for applicants further contended that applications filed by the applicants under Section 22-A & 22-B Cr.P.C, prima-facie disclose the commission of a cognizable offence and as per provisions of Section 154 Cr.P.C the Officer Incharge of the Police station is required and bound to register F.I.R and he has no power to refuse. Lastly, he prayed that the impugned order may be set-aside and applications may be allowed by directing the respondent No.1/SHO concerned to record statement of the applicants and register their F.I.R.

 

            The learned D.P.G., and learned Advocate for respondents No.1 to 3 in Crl. Misc. Appln. No. S- 172 of 2019, supported the order passed by the learned Ex-Officio Justice of Peace and contended that no infirmity or perversity is pointed out in the said order.

 

            Perusal of the impugned Order reflects that the learned Additional Sessions Judge/ Justice of Peace declined the prayer of the applicants by observing that: -

 

            “After hearing learned counsel for applicant as well as proposed accused I have gone through the material available on record. It is the case of applicants that officials of Forest Department have damaged their damaged and dismantle their tube well and other fixtures which were installed in their lands and during the operation for removal of encroachment from forest lands. During coruse of arguments learned counsel for applicant admitted that reserve forest lands are also situated in the vicinity and he further clarified that lands of all applicants are away from the area reserved for forest. Learned counsel further admitted that entire area situated within the belt of Indus River and there is no exact location and boundaries of the lands and this admission of learned counsel also indicates that without proper survey area reserved for forest and private lands cannot be boundary marked but when the applicants are well aware that an operation is going on to vacate the forest lands, till today they have not approached to concerned revenue department for demarcation, fixation of boundaries of their lands. It is also the fact that in our society people are encroaching State lands preferably the forest lands in Indus delta and due to that entire reserved area reserved for forest was occupied by the encroachers.

 

Since in view of the orders of Hon’ble Supreme Curt of Pakistan as well as Hon’ble High Court of Sindh; Forest Department has launched campaign agaisnt the land grabbers and they are going to vacate the forest lands to restore forests in Indus delta to maintain environment and control climate changes in area therefore, if the applicants are aggrieved they should approach to the proper forum i.e. Survey department for demarcation of their lands. In view of above I do not find merits in application, therefore, same are stand dismissed.”

 

 

            It is admitted fact that, the applicants intend to register case against the proposed accused persons, who according to them have allegedly damaged and dismantled their tube well and other fixtures which were installed in their lands and during the operation for removal of encroachment from forest lands. However, the version of applicants has been negated by the concerned police and the forest officials with regard to happening of the alleged incident in a fashion as disclosed by the applicants in their respective applications. The stance taken by the proposed accused is that they in pursuance of the orders of the Hon’ble Apex Court have performed their obligatory duty and have not committed any offence.

 

            Learned Ex-Officio/Justice of Peace vide impugned order has observed that, learned counsel for applicants during arguments admitted that reserve forest lands are also situated in the vicinity and he further clarified that lands of all applicants are away from the area reserved for forest; he further admitted that entire area situated within the belt of Indus River and there is no exact location and boundaries of the lands and this admission of learned counsel also indicates that without proper survey area reserved for forest and private lands cannot be boundary marked but when the applicants are well aware that operation is going-on for removal of the forest lands, till today they have not approached to concerned revenue department for demarcation, fixation of boundaries of their lands and that if the applicants are aggrieved they should approach to the proper forum i.e. Survey department for demarcation of their lands.

 

            In view of the above fact and circumstances, when concerned police have already negated and denied the version of the applicants and since the matter involves question of demarcation and fixation of boundaries etc., as such it would be proper course for the applicants to avail the remedy provided under the relevant laws, whereas registration of the F.I.R would not be equitable relief for the applicants.

 

            A careful perusal of impugned order reflected that the order is well-reasoned and speaking. The learned counsel for applicants has not been able to demonstrate any other cogent ground legal infirmity in the impugned order; hence, same do not call for any interference by this Court. Accordingly, the captioned criminal miscellaneous applications stands dismissed.

 

 

 

                                                                Judge

 

Ansari