IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application
No.142 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on office objection
2. For
hearing of main case
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26.02.2025
Mr. Imtiaz Hussain Bhutto, advocate
a/w applicant
Mr. Neel Parkash, D.P.G.
SIP Ellahi Bux of PS
Gulshan-e-Iqbal, Karachi
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SHAMSUDDIN ABBASI,
J.—Applicant has impugned
order dated 31.01.2025, passed by learned III Additional Sessions Judge,
Karachi East/Ex-Officio Justice of Peace in Criminal Miscellaneous Application
No.288 of 2025 whereby learned Ex-Officio
Justice of Peace issued direction to the SHO of Police Station Gulshan-e-Iqbal,
Karachi to record the statement of applicant under section 154, Cr.PC if the
cognizable offence is made out.
2. Facts
involved in the instant criminal miscellaneous application are that respondent
No.3 is owner of vehicle bearing Registration No.BJN-457, make Honda, Model
Civic-2017, which he parked at Saima Royal Residency, Gulshan-e-Iqbal, Karachi
with present applicant and handed over keys of such car to him but on
04.01.2025, when he visited such place, his car was not available there; when
he asked the present applicant regarding his car, he did not give satisfactory
reply, as such, respondent No.3 reported the matter to police station but
official respondents have not taken any legal action against proposed accused
and SHO refused to register FIR, hence respondent approached Ex-Officio Justice
of Peace, who passed the impugned order.
3. Learned
counsel for applicant submits that there is civil dispute between the applicant
and respondent No.3 over property; that respondent No.3 has managed a false a
fabricated story against the applicant and learned Ex-Officio Justice of Peace
has taken cognizance of factual controversy and issued direction to SHO of PS
Gulshan-e-Iqbal, Karachi for recording statement of respondent No.3 under
section 154, Cr.PC, in case cognizable offence is made out, register the FIR.
He prays that the impugned order may be set aside.
4. On the
last date of hearing, viz 14.02.2025 Mr. Omer Ismail Gora, advocate, filed
Vakalatnama on behalf of respondent No.3 and claimed copy of application, which
was supplied by the counsel for applicant. On the said date SIP Ellahi Bux of
PS Gulshan-e-Iqbal, Karachi was directed to furnish a detailed report. Today,
SIP Ellahi Bux of PS Gulshan-e-Iqbal, Karachi has filed his comments, perusal
of the same reveals that there is civil dispute between the parties and
according to him no such incident has taken place. Learned D.P.G. also submits
that in the background of civil dispute between the parties it cannot be ruled
out that respondent No.3 filed application before Ex-Officio Justice of Peace
mala fidely, therefore, he does not support the impugned order.
5. Heard
learned counsel for the applicant, learned D.P.G. and perused the record
available on record.
6. It is
the case of respondent No.3 that he is owner of vehicle bearing Registration
No.BJN-457, and he parked it at Saima Royal Residency, Gulshan-e-Iqbal, Karachi
and handed over its keys to applicant but applicant committed theft and his car
is missing since 04.01.2025. It is very surprising that respondent No.3 is
residing in Federal “B” Area, Karachi and he parked his car in the project
where the applicant is residing in Gulshan-e-Iqbal, Karachi. Neither he has
cited any witness for parking his car in the project nor handing over its keys in
presence of any witness to the applicant. No documents of ownership of car have
been annexed with the application filed before Ex-Officio Justice of Peace,
which show that he is the owner of vehicle. Allegation of respondent No.3
regarding theft of car by the applicant is doubtful for the reason that there
is civil litigation pending between the parties before the competent Court of
law over the property being Civil Suit No.2122/2022. The police furnished negative
report before Ex-Officio Justice of Peace as well as before this Court. In the
background of civil dispute, it cannot be ruled out that respondent No.3
intends to register false FIR against the applicant. In view of the facts and
circumstances discussed herein above, instant criminal miscellaneous
application is allowed and the impugned order dated 31.01.2025, passed by
passed by learned III Additional Sessions Judge, Karachi East/Ex-Officio
Justice of Peace in Criminal Miscellaneous Application No.288 of 2025 is hereby
set aside.
7. Instant
criminal miscellaneous application is allowed in the above terms.
J
U D G E
Gulsher/PS