ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Constt: Petition No.D-        4442   of 2015

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

1-     For orders on CMA.No.12448/2015 (U/A)

2-     For KatchaPeshi.

 

03rd. December, 2015.

 

                        Mr. Saeed Jamal Lund, Advocate for petitioner.

 

                        Through instant petition, the petitioner has impugned the order dated 21.10.2015 whereby the learned IVth. Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur Mir’s, dismissed an application U/s 22-A & 22-B, Cr.P.C filed by the petitioner for registration of F.I.R against about 25 proposed accused persons nominated therein. 

                        Learned Counsel for the petitioner submits that a cognizable offence was committed by the proposed accused persons, therefore, the learned Ex-Officio Justice of Peace, was not justified to reject the application and it was the duty of the Ex-Officio Justice of Peace to issue directions to the concerned S.H.O for registration of F.I.R. It has been prayed that the impugned order may be set-aside  and directions may be issued to the concerned S.H.O to register F.I.R against the proposed accused persons.

                        We have heard the learned Counsel for the petitioner and perused the record and impugned order passed by learned Ex-Officio Justice of Peace in the instant case. From perusal of the impugned order, it appears that the learned             Ex-Officio Justice of Peace after hearing and examining the allegations and the inquiry in view of the report of the S.H.O has dismissed the application of the petitioner by observing that since there is admitted litigation on the subject landed property between the parties, the petitioner has exaggerated  the incidence which did not take place as stated in the application, whereas, an attempt has been made to involve about 25 proposed accused persons including women folk in a criminal case. It has been further observed that no material or  evidence was placed on record to substantiate such incidence and accordingly the application of the petitioner has been dismissed. We do not find any error in the impugned order passed by learned Ex-Officio Justice of Peace, who has placed reliance on the decision of this Court, wherein it has been held that Ex-Officio Justice of Peace has to apply his judicious mind to the allegations and the material available on record and cannot pass order in mechanical manner for issuing directions to the concerned S.H.O for registration of F.I.R. Moreover, the petitioner is at liberty to file direct complaint before the concerned Magistrate U/s 200, Cr.P.C. Accordingly instant petition is dismissed in limine along with listed applications.

 

                        JUDGE

JUDGE                                 

 

A.R.BROHI