ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD.

C.P. No. S — 627  of 2014.

DATE                                      ORDER WITH SIGNATURE OF JUDGE

02.03.2015.

            FOR KATCHA PESHI

            Mr. Abdul Khaliq Mughal, Advocate for the petitoner.

            Mr. Allah Bachayo Soomro, Addl. A.G. Sindh.

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            The petitioner has challenged the order dated 15.4.2011 whereby the application moved by the petitioner under section 22-A & B Cr.P.C. was dismissed.

            The learned A.A.G. pointed out an order dated 11.1.2011, whereby the same petitioner filed C.P. No.D-13799/2010 with almost same prayer but the Division Bench of this Court after hearing the petitioner’s counsel dismissed the petition. However, the petitioner was left at liberty to file a suit before Banking Court.

            Learned counsel for the petitioner submits that the suit in the Banking Court is already pending. Since the order assailed in the present Constitutional Petition was passed in the month of April 2011, and after considerable period this petition has been filed. While dismissing the application learned Justice of Peace has already observed that there is a civil dispute to which the petitioner / applicant wants to convert it into a criminal proceedings.

            After arguing the matter at some length learned counsel for the petitioner does not press this petition and further submits that he will approach to the F.I.A. or file a private complaint for redressal of his grievance.

            The petition is dismissed as withdrawn. However, the petitioner may avail appropriate remedy in accordance with law.

                                                                                                JUDGE

A.