ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Constt. Petition No. S- 654 of 2012.
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Date of hearing |
Order with signature of Judge |
15.08.2012.
1. For order on office objection.
2. For Katcha Peshi.
Mr. Faiz Muhammad Larik, Advocate for petitioner.
Mr. Muhammad Bux Qazi, State counsel alongwith ASI Ali Akbar Memon I/C SHO P.S Fareed-abad on behalf of S.S.P Dadu, and WPC Khalid Hussain Sodhar of P.S Fareed-abad.
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Counsel for the petitioner, inter-alia, contended that petitioner was illegally detained by SIP Munawar Ali, the then SHO P.S Fareed-abad and after detaining the respondent No. 1 extorted Rs.5000/- from son of petitioner and thereafter the petitioner was released, therefore, learned counsel prays for lodgment of F.I.R against respondent No. 1 on account of extortion of money and illegal detention.
The respondents No.2 and 3 have filed their statements; they have categorically denied assertion made by the counsel for petitioner.
Since this is writ petition for lodgment of F.I.R, whereas adequate remedy is available to the petitioner to approach Justice of Peace instead of filing this petition. In case of Habibullah v. Political Assistant, Dera Ghazi khan and others (2005 SCMR 951), it is held that, under the provisions of Article 199 of the Constitution of the Islamic Republic of Pakistan it was not obligatory for the High Court to issue writ in each case irrespective of the facts and circumstances which could call for exercise of judicial restraint in turning down the request for registration of F.I.R in view of the conduct of the party besides considering that adequate remedy in the form of private complaint being available to the petitioner.
Keeping in view the circumstances and dictum laid down by the Hon’ble Supreme Court, this petition is not maintainable under the law, and is therefore, dismissed accordingly. However, the petitioner is at liberty to approach Justice of Peace for redressal of his grievance, if so advised.
Judge