ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                             Cr. Miscellaneous Application No.S-345 of 2009                           

DATE         ORDER WITH SIGNATURE OF JUDGE

DATE OF HEARING: 25-11-2009.

DATE OF ORDER: 26.11.2009.

Mr. Noorul Haque Qureshi, advocate for applicant.

Syed Meeral Shah, D.P.G Sindh for the State.

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Ahmed Ali Shaikh J.             Through the instant Criminal Miscellaneous Application the applicant has assailed the order dated 17-09-2009 passed by learned Ex-Officio Justice of Peace/Sessions Judge, Badin whereby he dismissed the application filed by the applicant under section 22-A & B Cr.P.C for directions to the SHO to register the FIR of the applicant.

2.                     Heard learned counsel for the applicant and Deputy Prosecutor General, Sindh for the State.

3.                     It is inter alia contended by the learned counsel for the applicant that the impugned order is contrary to the law and wisdom behind the legislation. He further contended that impugned order has been passed on the report submitted by the SHO PS Badin, therefore, same is not sustainable.

4.                     On the other hand, learned Deputy Prosecutor General, Sindh for the State has supported the impugned order.

5.                     The impugned order reveals that the alleged incident had occurred in the house of proposed accused Khamiso while applicant’s brother Pandhi entered with intention to commit theft at the odd hours of the night for which a case under crime No.32 of 2009 was lodged at PS Kadhan. However, the impugned order being not of judicial nature but being administrative and ministerial in nature can not be challenged under section 435 or 439 Cr.P.C, therefore, the Criminal Miscellaneous Application is not maintainable.

6.                     For the foregoing reasons, I am of the considered view that application merits no consideration and same is hereby dismissed. However, the applicant is at liberty to file a direct complaint if advised so.

7.                     Criminal Miscellaneous Application stands disposed of.

                                                                                                                      JUDGE.

A.C