C.P.No.D-2008  of  2015

 

 

                          For orders on CMA-8986/2015

 

 

10.09.2015

 

Mr. Muzaffar Ali Shaikh Advocate for petitioner.

                                    ...............

 

1.                     Urgency granted.

                        Through instant petition, the petitioner has impugned the order dated 30.01.2015 passed by the learned 1st Additional Sessions Judge/Justice of Peace, Khairpur, in Cr. Misc. Application No.112/2015, whereby the application filed under Section 22-A & 22-B, Cr.P.C for registration of FIR against proposed accused persons, has been dismissed and the learned counsel for the petitioner has read out the impugned order passed in the instant case and submits that directions may be issued to the concerned SHO to register the case against the accused persons.

 

            We have heard the learned counsel for the petitioner, perused the record and the impugned order passed by the learned Justice of Peace. It will be advantageous to reproduce the relevant finding of the impugned order, which reads as follows:

 

 

“From the perusal of record, it reveals that neither applicant mentioned the survey numbers of the land where incident allegedly has taken place nor he witnessed the incident nor disclosed the name of any person seems to be present at the spot to see the alleged incident. The record further reveals that record produced by the applicant is old one and same is also not favourable to the case of applicant as well as report of concerned SHO is against the applicant. Record further reveals that the proposed accused are owners of the land and the applicant is falsely claiming to be the owner of the same and such cases had been decided in favour of the proposed accused by the Court of law. Therefore, it can be presumed that the applicant make false application against the proposed accused in order to put pressure upon them to usurp their landed property. Therefore, the applicant has not come with clean hands. In this respect, the reliance may be placed from the case of Abdul Latif v. Mst. Hakim Zadi and two others (2013 P.Cr.L.J 813), wherein Honourable High Court has held, as under:

 

“The provisions of section 22-A, Cr.P.C have been misused in a number of cases. The wisdom of legislature was not that any person who is discharging of duties takes an action against the accused would be subjected to harassment by invoking provisions of section 22-A, Cr.P.C. The Courts in mechanical manner should not allow application under Section 22-A and B and should apply its mind as to whether the applicant has approached the Court with clean hands or it is tainted with malice.”

 

            Therefore, in view of the above discussion and case law referred hereinabove, I am of the opinion that the applicant has not come with clean hands and he has concealed the above facts; hence, in view of above stated position, I find no merit in the application, therefore, the same is hereby dismissed.”

 

 

 

            From perusal of findings as recorded by the learned Justice of Peace we could not find any error in the impugned order and when confronted the learned counsel for the petitioner to point out any error in the impugned order or refer to any material which may connect the accused persons with the alleged crime, the learned counsel for the petitioner could not respond to the query of the Court and has candidly stated that the petitioner will not press instant petition and may seek alternate remedy by way of filing direct complaint, in accordance with law. Accordingly, instant petition is dismissed as not pressed.

 

 

 

 

                                                                                   JUDGE

 

 

                                                JUDGE

 

 

N.M.