ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P
D-4752 of 2015
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1.
For orders on CMA 13338/2015 (U/A)
2.
For orders on CMA 13339/2015(Exm)
3.
For katcha Peshi.
25.01.2016
Mr.
Muhammad Asif Leghari
Advocate for petitioner.
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Through instant petition, the petitioner has
impugned order dated 15.12.2015 whereby the Ex-Officio Justice of Peace Naushehro Feroze in Cr. Misc.
Application No.2837 of 2015 declined to issue directions to the concerned S.H.O
for registration of F.I.R of the alleged incident reported by the petitioner.
Counsel
for the petitioner submits that since the incident was reported by the
petitioner to the police promptly which fact has been duly acknowledged by the
learned Ex-Officio Justice of peace Naushehro Feroze, therefore, directions required to be issued to the
concerned S.H.O for registration of F.I.R.
Heard learned counsel for the
petitioner, perused the impugned order dated 15.12.2015 passed by learned
Ex-officio Justice of peace Naushehro Feroze in the instant matter which reflects that incident
regarding quarrel between the parties was reported and N.C was recorded on the
basis of medical certificate and as suggested that no cognizable offence
regarding alleged incident took place, whereas, the allegation of robbery was
not duly substantiated. There is admitted rivalry between the parties as
according to learned counsel for the petitioner, there was an F.I.R registered against
the respondent No.3 by the petitioner whereas, nothing has been placed on
record any evidence to support the allegation of robbery.
In view of herein above facts and circumstances of
the case, we do not find any substance in the instant petition, whereas no substantial
material in support of allegations leveled by petitioner has been produced,
hence the impugned order does not suffer from any illegality. However, the
petitioner is at liberty to avail remedy by way of filing direct complaint
before the concerned Court having jurisdiction and produce evidence/material if
available with the petitioner in support of allegations in accordance with law.
Petition
stands dismissed in the above terms.
J U D G E
J U D G
E
Irfan/PA
Twisted