ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Misc. Application No. 356 of 2023

Date Order with signature of Judges

1. For orders on M.A.No. 6474/2023 (U/A)

2. For orders on M.A.No. 6475/2023 (Ex/A)

3. For hearing of main case

06.06.2023

Mr. Muhammad Sharif Dars advocate for the applicant

-.-.-.-.-.-.-.-.-.

It is contended by learned counsel for the applicant that the applicant has been dispossessed from his property by the private respondents, for that his FIR was not being recorded by the police. Consequently, he by making an application u/s 22-A/B Cr.P.C sought for direction against the police to record his FIR, which was dismissed by learned XI-Additional Sessions Judge/Ex-Officio Justice of Peace, Karachi South, vide order dated 11.05.2023; such order being illegal is liable to be examined by this Court by way of instant Criminal Misc. Application.

As per impugned order, there exists dispute between the parties over the property and such dispute being of civil nature the applicant is attempting to convert into criminal. If for the sake of arguments, it is believed that the applicant has actually been dispossessed from his property by the private respondents and for that his FIR is not being recorded by the police, then he has alternate remedy to exhaust by filing a direct complaint of the incident before the Court having jurisdiction, such remedy, if exhausted, would apparently be adequate in the circumstances.

No illegality is apparent which may justify this Court to interfere with the impugned order; consequently the instant Criminal Misc. Application is dismissed in limine together with listed applications.

JUDGE