ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl.
Misc. Application No.S-69 of 2020)
(Bakhat Ali Ujjan Vs. The State & others)
|
Date |
Order with signature of Judge |
1.
For orders on office objection.
2.
For hearing of main case.
06-03-2023.
Mr. Gulshan Ghumro, advocate for
applicant.
Private respondents in person.
Mr. Zulfiquar Ali Jatoi, Additional P.G
for the State.
.-.-.-. -.-.-.-.-.-.-.-.-
1. Deferred.
2. It
is contended by learned counsel for the applicant that proposed accused have
committed theft of trees of Imam Bargah, which
constitutes a cognizable offence, therefore, learned Ex-Officio Justice of Peace ought not to have refused to
issue direction to police for recording FIR of the applicant for such offence.
By contending so, he sought for setting aside of impugned order, with direction
to police to record FIR of the applicant for the said incident at his verbatim.
Learned APG for the State and private
respondents in person have sought for dismissal of instant Crl.
Misc. Application by supporting the impugned order.
Heard arguments and perused the
record.
As per impugned order, the dispute
between the parties is over possession of Imam Bargah.
If for the sake arguments, it is believed that the incident as alleged by the
applicant has actually taken place and for that his FIR is not being recorded
by the police, then he has an alternate remedy to exhaust by filing Direct
Complaint of such incident, before the Court having jurisdiction; such remedy,
if is exhausted besides, being alternate would be adequate in the
circumstances. No illegally is apparent, which may justify this Court to make
interference with the impugned order, consequently the instant Crl. Misc. Application is dismissed.
JUDGE
Nasim /PA