IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Application No.S-10 of 2024

Appellant:                                         Attaullah s/o Sawali Brohi

                                                            Through Mr. Khair Muhammad Unar, Advocate.

Respondents:                                  The State,

                                                            Through Mr. Nazir Ahmed Bhangwar, Deputy Prosecutor General, Sindh

Date of hearing:                             24-02-2025

Date of order:                                 24-02-2025

O R D E R

Khalid Hussain Shahani, J. Through the present Criminal Miscellaneous Application, the applicant has challenged the order dated 13-12-2023, passed by the learned 04^th Additional Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, in Cr. Misc, Appln No.1571/2023 Re(Attaullah Brohi V. S.S.P Shikarpur & others), wherein the request for issuing directions for the registration of an FIR was denied.

02. Mr. Khair Muhammad Unar, advocate appeared, sought permission of the court to plead the case being not enrolled as an advocate High Court with submission that he had represented the applicant before the learned 04^th Additional Sessions Judge/Ex-Officio Justice of Peace Shikarpur. Permission granted.

03. It is case of the applicant that on 04-04-2022 proposed accused being minor girls and two boys raising cries entered into his Easy-load shop, to whom he driven out, but after their departure found cash amounting Rs.250,000/- missing. Through CCTV Camera, he found the girls were taking such amount. On 27-09-2023, he finding those girls and boys produced before ASI Imtiaz Ali Sadayo of PS Stuart Ganj, but he subsequently released them on accepting bribe. Such fact compelled him to approach SSP Shikarpur and the learned Justice of Peace, but to no avail.

04. Heard and perused the material.

05. Record reflects, the learned Ex-Officio Justice of Peace disposed of application u/s 22-A(6) and 22-B Cr.P.c with the directions to the SSP Shikarpur to conduct an inquiry against ASI Imtiaz Ali Sadayo, if he is find guilty, take action against him in accordance with the law. Accordingly, an inquiry was conducted by DSP Complaint Cell Shikarpur, opining the allegations made against ASI Imtiaz Ali Sadayo not proved from all sources.

06. Glance on the record reflects, alleged incident took place on April 04, 2022, no complaint whatsoever was made by the applicant till alleged to have apprehended the proposed accused and handing over to ASI Imtiaz Ali Sadayo on 26^th September, 2023, with delay of about 18 months. Learned counsel in support of his contentions placed on the record a USB, alleged to have containing the CCTV Camera recording, showing the girls committing theft of cash amount from his Easy-load shop. It was played, but nothing is seen therein, as alleged. From the conduct of applicant it appears that he has remained indolent for sufficient period and there seems mere allegation against the girls and boys, without disclosing their identity. Therefore, prima facie it appears, applicant has failed to point out any illegality whatsoever committed by the learned Ex-Officio Justice of Peace in the impugned order. Accordingly, instant criminal Misc. application being devoid of merits stands dismissed.

JUDGE

S.Ashfaq/-