ORDER
SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 854
of 2016
DATE ORDER
WITH SIGNATURE OF HON’BLE JUDGE
1- For
orders on CMA.No.3989/2016 (U/A)
2- For
orders on CMA.No.2310/2016 (Permission)
3- For
orders on CMA.No.2309/2016 (Ex.A)
4- For
Katcha Peshi.
03rd. May, 2016.
Petitioner
and his Counsel called absent, no intimation received. On the last date of
hearing, i.e 08.3.2016, when the matter was fixed in
Court, petitioner and his Counsel were called absent and the urgency
application was dismissed. Today also after having filed urgency application,
the petitioner and his Counsel have remained absent
without any intimation.
From
perusal of perusal of contents of instant petition and impugned order dated
13.2.2016 passed by learned Additional Sessions Judge / Ex-officio Justice of
Peace, Gambat in Criminal
Miscellaneous Application No. 333 of 2016, it appears that the applicant filed
an application U/s 22-A & 22-B, Cr.P.C for
registration of F.I.R, has been dismissed in the following terms:-
“It
is legally admitted position that SHO is duty bound to record the statement of
applicant either u/s 154 or 155 Cr.P.C but Hon’ble Sindh High Court in two citations reported in Nazir Ahmed v. Station House Officer, Police Station, Adilpur, District Ghotki and
another (2015 P.Cr.L.J 846) and another case law
reported in Imtiaz Ahmed Cheema,
SHO v. SHO, Police Station Dharki, Ghotki 2 others (2010 YLR 189 Karachi) had held that
Justice of Peace is not a post office where directions for FIR be issued but Justice
of Peace has to apply his judicious mind. As no such incident had taken place
and nothing is likely to be recovered and dispute over land is involved and
matter is of pure civil nature and attempt has been made to convert civil
litigation in to criminal litigation, therefore, application stands declined.”
From
the perusal of aforesaid order, it appears that no error or illegality has been
committed by learned Additional Sessions Judge/ Ex-Officio Justice of Peace, Gambat while passing the impugned order, whereas, the
petitioner has the remedy to file direct complaint before the same Magistrate,
if he is aggrieved from such order. Accordingly, instant petition being devoid
of any merits is hereby dismissed along with listed applications.
JUDGE
JUDGE
A.R.BROHI