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.