C.P.No.D-3702
of 2015
1.
For
orders on CMA-10358/2015
2.
For
orders on CMA-10359/2015
3.
For
Katcha Peshi
08.10.2015
Mr. Mumtaz Ali Khushik Advocate for petitioner.
...............
Through
instant petition, the petitioner has impugned the order dated 21.09.2015 passed
by the 2nd Additional Sessions Judge/Justice of Peace, Khairpur, in
Cr.Misc.A. No.2299/2015, whereby the application filed by the petitioner under
Section 22-A r/w Section 22-B, Cr.P.C for registration of FIR against proposed
accused persons, has been dismissed by observing that no cognizable offence is
made out, whereas, the petitioner in view of a civil dispute over agricultural
land intends to convert the same into criminal litigation. It has been further
observed that the petitioner may file direct complaint, if so desired, in
accordance with law before the same Magistrate.
Learned
counsel for the petitioner was directed to assist the Court as to whether the
petitioner approached the concerned SHO for registration of FIR or any material
is available on record which may support the allegation of petitioner, however,
could not assist this Court in this regard. It appears that the copy of
application filed under Section 22-A, Cr.P.C, before the Justice of Peace, has
not been annexed along with instant petition, whereas, according to learned
counsel for the petitioner, the allegation against the proposed accused persons
is that they created harassment while approaching the land of the petitioner
and issued threats of dire consequences. Prima facie, it appears that no
material is available on record nor the same was produced before the Justice of
Peace, which could support the version of the petitioner, whereas, the
concerned SHO also submitted a report, which did not support the version of the
petitioner and stated that the dispute between the parties is of civil nature.
We
do not find any error in the order passed by the Justice of Peace, which may
require any interference by this Court under constitutional jurisdiction,
particularly when the facts are seriously disputed, whereas, no material has been
placed on record to support the version of the petitioner. Moreover, section
22-A Cr.PC cannot be allowed to be used as a tool to get a mechanical order for
registration of an FIR without even examining the facts and circumstances of
each case which may establish occurrence of some cognizable offence. Reliance
in this regard can be made to the case of Altaf
Hussain V. SHO Mahota and 2 others (2015 YLR 798) and Rai Ashraf and others V.
Muhammad Saleem Bhatti and others (PLD 2010 (SC) 691). Accordingly, this
petition is dismissed in limine, along with the listed applications. However,
petitioner is at liberty to file direct complaint before the same Magistrate,
if so advised, in accordance with law.
JUDGE
JUDGE
N.M.