ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D- 2504 of 2014.

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For orders on CMA 6790/2016 (U/A)

2. For orders on CMA 6791/2016 (Ex)

3. For katcha Peshi.

01.06.2016

Mr. Waheed Ali Samtio Advocate for petitioner.

Through instant petition, petitioner has impugned order dated 16.05.2016 passed by Additional Sessions Judge/Justice of peace Gambat in Cr. Misc. Application No. 961 of 2016, whereby an application filed by petitioner under section 22-A B Cr.P.C seeking directions for registration of F.I.R against proposed accused, has been dismissed.

Learned counsel for applicant submits that the impugned order passed by Justice of peace is liable to be set aside, as the Justice of peace was under obligation to direct the concerned S.H.O to register F.I.R against proposed accused persons for the offences stated in the application under section
22-A B Cr.P.C.

We have heard learned counsel for the petitioner and perused the impugned order dated 16.05.2016, which reflects that the learned Additional Sessions Judge/Justice of peace Gambat has passed the impugned order after calling the comments from the concerned S.H.O. It appears that no cognizable offence has taken place and the petitioner has already filed Cons. Petition
No. 95/2016 against same proposed accused alleging harassment in the month of April,2016 in addition to an application under section 22-A B Cr.P.C relating to similar facts, which according to learned counsel for the petitioner, has been disposed of with directions to respondents not to cause harassment to the petitioner. We do not find any merit in the instant petition, whereas, no material whatsoever has been placed on record to support the allegations as contained in the application filed under section 22-A Cr.P.C. Moreover the petitioner has alternate remedy by filing direct complaint duly supported by material if any to substantiate the allegations made in the application.

Accordingly, we do not find any substance in the instant petition, which is dismissed in limine.

J U D G E

`

Irfan/PA J U D G E

Present:

Mr.Justice Aqeel Ahmed Abbassi &

Mr.Justice Ghulam Qadir Leghari.

Date of hearing: 17.02.2015

Mr.Ghulam Murtaza Memon, Advocate for petitioner.

Mr. Sajjad Ahmed Zangejo Advocate for proposed accused.

Mr. Shafique Ahmed Leghari, State Counsel.

O R D E R

Aqeel Ahmed Abbassi J.