ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

 

Cr. Misc. Application No.370 of 2023

(Yar Muhammad vs. The State)

Date                           Order with signature of Judges

 

1.                  For orders on M.A. No.6753/2023 (U/A)

2.                  For orders on M. A. No.6754/2023 (Exp/A)

3.                  For hearing of main case

 

12.06.2023

            Mr. Akbar Zaman Khattak, advocate for applicant

            -----------------------------------

 

The applicant by making instant criminal miscellaneous application under section 561-A, Cr.PC has impugned order dated 01.06.2023, whereby his application under section 22-A/B, Cr.PC for issuance of direction against the police to record his FIR has been dismissed by learned 1st Additional Sessions Judge/Ex-Officio Justice of Pease, Karachi West.

It is contended by learned counsel for the applicant that the proposed accused have committed dacoity from the house of the applicant, such allegation constitutes a cognizable offence, therefore, learned Ex-Officio Justice of Peace ought not to have dismissed the application of the applicant by way of impugned order, which is liable to be set aside by this Court by directing the police to record FIR of the above said incident at verbatim of the applicant.

Heard arguments and perused record.

As per police report, the applicant and his family is having criminal record. Perhaps in that context learned Ex-Officio Justice of Peace dismissed the application of the applicant by making an observation that he is intending to involve his opponents in criminal litigation in pursuit of his own nefarious object. If for the sake of argument, it is believed that the incident as alleged by the applicant has taken place and for that his FIR is not being recorded by the police, then he has an alternate remedy to exhaust by filing a direct compliant of the incident in terms of Section 200, Cr.PC; such remedy if is exhausted, besides being alternate would be adequate in the circumstances of the case. No illegality is apparent, which may justify this Court to make interfere with the impugned order.

In view of above, the instant criminal miscellaneous application is dismissed in limine together with the listed applications.

 

 

 

             J U D G E