C.P.No.D-3362 of 2015
1.
For
orders on CMA-9487/2015
2.
For
Katcha Peshi
17.09.2015
Syed Muhib Ali Shah
Lukyari Advocate along with petitioner.
...............
1. Granted.
2. Through instant petition, the
petitioner has impugned order dated 06.08.2015 passed by the 1st
Additional Sessions Judge/Justice of Peace, Khairpur,
in Cr.Misc.A. No.1560/2015 whereby the application
filed under Section 22-A, Cr.P.C, by the petitioner
has been dismissed. Learned counsel for the petitioner submits that a
cognizable offence was reported, therefore, it was the duty of the Justice of
Peace to refer the matter to concerned police for recording statement of the
petitioner and if some cognizable offence made out to take action in accordance
with law.
From perusal of impugned order passed
by the learned 1st Additional Sessions Judge/Justice of Peace, Khairpur, it appears that after having examined the
allegations, and obtaining report from concerned police, it has been observed
that the matter reported by the applicant does not attract any cognizable
offence, whereas, in view of some private dispute between the parties, the
applicant has filed the complaint under section 22-A Cr.P.C.
for registration of an FIR against the proposed accused persons, to convert a
civil dispute between the parties into a criminal dispute.
Learned
counsel for the petitioner could not point out any error, whereas, the petitioner
has a remedy to file direct complaint, if so advised, before the concerned Magistrate,
in accordance with law. Accordingly, we do not find any substance in the
instant petition, which is dismissed in limine along-with listed applications. However, it is clarified that if, the proposed
accused persons violate any law or commit a cognizable offence, the petitioner
will be at liberty to approach the concerned SHO, who shall record the
statement of the petitioner, and if a cognizable offence is reported and some
material is available to support such allegation, he shall proceed in accordance
with law.
JUDGE
JUDGE
N.M.