ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

C.P No. D- 1216 of 2016.

______________________________________________________________________        DATE                                     ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

                                   

1.    For orders on CMA 3418/2016 (U/A)

2.    For orders on CMA-3419/2016 (Ex)

3.    For katcha Peshi.

 

 

30.03.2016

 

Mr. Shaikh Amanullah , advocate for the petitioner.

 

 

                                    ...............

 

 

                        Through instant petition, petitioner has impugned order dated.15.03.2016 passed by Additional Sessions Judge /Ex-Officio Justice of peace, Kandiaro district Naushehro Feroze, in Cr.Misc. Application No. 499 of 2016, whereby an application filed by petitioner under section 22-A & 22-B Cr.P.C seeking directions for registration of F.I.R against proposed accused, has been dismissed.

 

                        Learned counsel for petitioner  submits that since the cognizable offence was reported to have taken place, therefore, Justice of peace was under obligation to direct the concerned S.H.O to register F.I.R against proposed accused for the offences stated in the application under section 22-A and 22-B Cr.P.C.

 

                        We have heard learned counsel for the petitioner, perused the record and impugned order passed by Justice of Peace in the instant case, which reflects that neither any cognizable offence is reported nor any material was produced or referred by petitioner before learned Justice of Peace, which could require the Justice of Peace to issue directions to the concerned S.H.O for registration of F.I.R. It further appears that allegations made in the application under section 22-A & 22-B Cr.P.C are vague and not substantiated from record.

 

                        Accordingly, we do not find any error in the order passed by Additional Sessions Judge /Justice of peace Kandiaro which does not require any interference by this Court in its constitutional jurisdiction under article 199 of Constitution Islamic Republic of Pakistan, 1973, which is hereby dismissed in limine along with listed applications. It is further clarified that if the proposed accused are involved in any criminal activity or performing any illegal act, the concerned authority is directed to take legal action, in accordance with law.

 

 

                                                           

                                                                        J U D G E

`              

 

Irfan/PA                                                             J U D G E

 

 

 

                                                                                       JUDGE

 

 

                                                            JUDGE

Irfan/PA