C.P.No.D-277 of 2015
For
Katcha Peshi
21.12.2015
Mr. Shamsuddin Kobher
Advocate for petitioner.
Mr. Achar Khan Gabol
along with proposed accused.
Mr. Zulfiqar Ali
Sangi, Assistant Advocate General.
...............
Through
instant petition, the petitioner has impugned the order dated 06.06.2014 passed
by the 1st Additional Sessions Judge/Justice of Peace, Ghotki in
crime No.955/2014 registered at PS A-Section, Ghotki, whereby the application
filed by the petitioner under Section 22-A, Cr.P.C, against the proposed
accused persons, has been dismissed.
Notices were issued to the
respondents and proposed accused persons, pursuant to which Mr. Achar Khan
Gabol has filed comments and submits that the impugned order passed by the
Justice of Peace does not suffer from any error or illegality, whereas, the
contentions of the petitioner, as contained in the application under Section
22-A, Cr.P.C, besides being false and frivolous are based on malice, as according
to learned counsel, the petitioner has earlier filed similar frivolous
applications against proposed accused persons under Section 22-A, Cr.P.C with
an intention to involve the proposed accused persons in frivolous cases, which
have all been dismissed. In support of his contention, learned counsel has
referred to various orders passed by the Justice of Peace as well as by this
Court in Cr.Misc.A. No.645/2014. It has been further
submitted that no explanation whatsoever has been given regarding delay of more
than one year in filing application under Section 22-A, Cr.P.C from the date of
alleged incident.
While confronted with such position,
learned counsel for the petitioner submits that petitioner will not press
instant petition and may seek alternate remedy by way of filing direct
complaint.
Accordingly, instant petition is
dismissed as not pressed.
JUDGE
JUDGE
N.M.