ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln.  No. S-193 of 2024

Date	Order with signature of Judge

1. For orders on M.A No. 3013/2024. (Urgency application)

2. For order on office objection.

3. For orders on M.A No. 2658/2024. (Exemption Application)

4. For the hearing of the main case.

04-07-2024

Mr. Ali Raza Pathan, advocate for the applicant.

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1.         Granted.

2.         Deferred.

3.         Granted subject to all just exception.

4.         It is alleged by the applicant that the proposed accused attempted to dispossess him from his property and in that way maltreated him and his witnesses. Based on such an allegation, he by making an application u/s.22-A/B Cr. PC sought direction against the police to record his FIR; it was dismissed by learned Ex-Officio Justice of Peace/Sessions Judge, Shikarpur, vide order dated 30.05.2024, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr. PC.

            It is contended by learned counsel for the applicant that a cognizable offence has taken place, yet learned Ex-Officio Justice of Peace/Sessions Judge, Shikarpur, has declined to direct the police to record FIR of the applicant by way of impugned order; same being illegal is to be set aside by this Court.

            Heard arguments and perused the record.

            The final medical opinion about the injuries sustained by the injured is still awaited. There is a dispute between the parties over possession of the property. In these premises, learned Ex-Officio Justice of Peace/Sessions Judge, Shikarpur, was right to dismiss the application of application u/s.22-A/B Cr.PC by way of impugned order which is not found illegal, to be interfered with by this Court by way of instant Crl.Misc.Application; it is dismissed in limine directing the applicant to have recourse u/s.200 Cr.PC, if so advised.

                                                                                        JUDGE