ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Misc. Application No.S-398 of 2022

(Abdul Ghaffar Khoso Vs. SSP Sukkur & others)

Date	Order with signature of Judge

1. For Orders on office objection.

2. For Orders on MA No. 3131/2022

3. For hearing of main case.

09-03-2023.

Mr. Ubedullah Larik, advocate for the applicant.

12-09-2014

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1. The applicant by way of instant Crl. Misc. Application has impugned order dated 04-07-2022 whereby his application u/s 22A/B Cr.P.C for issuance of direction against the police to record his FIR was dismissed by learned Vth Additional Sessions Judge/Ex-Officio Justice of Peace Sukkur.

2. 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 dismissed the application of the applicant, therefore, the impugned order being illegal is liable to be set aside with direction to police to record FIR of the applicant at his verbatim in terms of section 154 Cr.P.C.

3. Heard arguments and perused the record.

4. If 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 u/s 200 Cr.P.C by filing Direct Complaint of the incident before the Court having jurisdiction; such remedy if exhausted besides being alternate would be adequate in the circumstances of the case. No illegality is apparent which may justify this Court to make interference with the impugned order by way of instant Crl. Misc. Application u/s 561-A Cr. P.C; it is dismissed accordingly together with listed applications.

JUDGE

Nasim /PA