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