IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No.1288 of 2024
[ Syed Muhammad Wasiq Iqbal versus Mst. Hassan Bibi
& Others ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For hearing of main case
2. For
hearing of M.A. No.17643/2024
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25.02.2026
Mr.
Mukhtiar Ali Sodher, advocate for applicant
Mr.
Siraj Ali Khan Chandio, Additional Prosecutor General
Mr.
Fazal Raheem, advocate for respondent No.1
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Applicant
Syed Muhammad Wasiq Iqbal is a proposed accused in Criminal Miscellaneous
Application No.3696/2024, filed by respondent No.1 Mst. Hassan Bibi for
registration of FIR against the proposed accused, including the present
applicant. Learned Additional Sessions Judge-VII/Ex-Officio Justice of Peace,
Malir Karachi vide order dated 19.12.2024 directed the SHO of the police
station concerned to record the statement of respondent No.1/petitioner and if
a cognizable offence is made out, incorporate the same in the Book under
Section 154, Cr.PC.
Facts
depicted in the application reveals that present applicant along with other
proposed accused came at the scene of offence, demolished her house and caused
damage to her property.
Learned
counsel for applicant submits that during pendency of application, report was
called from Mukhtiarkar in respect of Sanad
produced by respondent No.1 to establish her title and concerned Mukhtiarkar
has furnished report that relevant record is not available with Mukhtiarkar
office; that there is civil dispute between the parties and respondent No.1 has
filed Civil Suit No.697/2024 against the applicant; that respondent No.1
belongs to land grabbers and with mala fide intention she approached the
learned Ex-Officio Justice of Peace for registration of FIR and learned
Ex-Officio Justice of Peace has passed illegal order by including all these
facts.
On the
other hand, learned counsel for respondent No.1 submits that learned Ex-Officio
Justice of Peace has rightly passed the order for registration of FIR on the
ground that cognizable offence is made out as the applicant along with other
accused damaged her property. In support of his contention learned counsel for
respondent No.1 has placed on record photographs of the place of incident and
has relied on the report of Mukhtiarkar.
Learned
Additional Prosecutor General Sindh supports the impugned order on the ground
that report of Mukhtiarkar substantiates the alleged offence and statement of
independent witness of the locality were recorded, who supported the case of
respondent No.1.
Heard
learned counsel for applicant, learned Additional Prosecutor General Sindh,
learned counsel for respondent No.1 and perused the material available on
record.
No
doubt, it appears that there is civil dispute between the parties and civil
suit is pending before the competent Court of law. So far as the cognizable
offence is concerned, it is supported by the report of Mikhtiarkar who recorded
the statements of independent witnesses of the locality and produced report
about demolishing/damaging the house of respondent No.1, which makes out a case
of taking cognizance. I do not see any illegality or irregularity in the
impugned order, which has been passed after fair evaluation of record/reports.
It is settled by now that Ex-Officio Justice of Peace should not act in
mechanical manner and he has to go through the material available on record and
thereafter pass appropriate orders.
In
view of the above, instant criminal miscellaneous application is devoid of any
merits and the same is accordingly dismissed, with direction to the concerned
SHO to record the statement of respondent No.1 as per her verbatim and
incorporate the same, if a cognizable offence is made out.
J
U D G E
Gulsher/PS