ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P No. D- 1140 of 2016.
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1. For orders on CMA 3047/2016 (U/A)
2. For orders on CMA-3048/2016 (Ex)
3. For katcha Peshi.
05.04.2016
Mr.
Humayoon Shaikh advocate along
with petitioner.
...............
Through instant
petition, petitioner has impugned order dated.03.03.2016
passed by Additional Sessions Judge (Hudood)
/Ex-Officio Justice of peace, Sukkur, in Cr.Misc. Application No. 236 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 a cognizable offence was reported to the learned Additional
Sessions Judge/ the learned Justice of peace, 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. Learned Counsel has readout the impugned order.
We have heard the learned
counsel for the petitioner, perused the record and impugned order dated
03.03.2016 passed by Justice of Peace in the instant case, whereby, the application
filed under section 22-A B Cr.P.C by the petitioner has
been dismissed. Record shows that petitioner has not even attached the copy of
application filed under section 22-A B Cr.P.C for
verification of specific allegations against the proposed accused persons, however,
as per contention of learned counsel for the petitioner allegedly house of
petitioner has been sold out behind her back whereas about 20 tolas gold ornaments and the house hold articles have also
been taken away by the proposed accused from her house. From perusal of record,
it appears that neither petitioner is in possession of any title documents with
regard to subject house nor any cognizable offence appears to have been reported
which may require the police to take cognizance. Dispute, if any, appears to be of civil in
nature which can be resolved through evidence. It may be observed that justice
of peace is not bound to order registration of F.I.R in each and every case in
mechanical manner, without applying his judicious mind to the facts and the allegations
as contained in such application filed under section 22-A Cr.P.C.
Accordingly,
we do not find any error in the impugned order passed by Additional Sessions
Judge (Hudood)/Justice of peace Sukkur,
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.
However, petitioner is at liberty to file direct complaint, if some cognizable
offence is made out and there is some material connecting the proposed accused
with the alleged crime, or to seek any other remedy in accordance with law.
J
U D G E
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Irfan/PA J U D G E