C.P.No.D-4414  of  2015

 

1.    For orders on CMA-12376/2015

2.    For orders on CMA-12377/2015

3.    For Katcha Peshi

 

 

26.11.2015

 

Mr. Nusrat Hussain Memon Advocate along with petitioner.

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

 

                        Through instant petition, the petitioner has impugned the order dated 17.11.2015 passed by the Ex-Officio Justice of Peace, Naushahro Feroze in Cr.Misc.A. No.2671/2015, whereby the application filed under Section 22-A, Cr.P.C, by the petitioner for registration of FIR against the proposed accused persons, has been dismissed in the following manner:

 

“The careful perusal of the application reveals that the applicant. Is hari of the land of Jalbani, no proof of his harap is produced by him nor his landlord has come forward to file such affidavit that applicant is actually his hari of land as alleged by the applicant in his application. Similar application bearing No.1154 of 2015 was also filed by one Hafiz Muhammad Ramzan against same proposed accused, who also claimed to be owner of Jalbani and said applicant mentioned in his application that proposed accused had taken away sugarcane from his land, said application has been rejected by learned 3rd Ex-Officio Justice of Peace/Additional Sessions Judge, Naushahro Feroze such copies have been submitted by learned Advocate for proposed accused persons, therefore, application in hand is filed with mala fides, which is hereby rejected.”

 

            Learned counsel for the petitioner was directed to point out any error or illegality in the impugned order, which appears to have been passed after proper application of mind to the facts, as stated in the application, whereas, prima facie, it appears that no cognizable offence is made out, however, the learned counsel could not point out any error or illegality and submits that the observations made by the Justice of Peace in the impugned order by holding that the petitioner has filed application with mala fides, will adversely affect the right of the petitioner to file a direct complaint, hence, requests that such observations may be expunged.

 

            In view of hereinabove facts and circumstances of the case, we are of the opinion that the impugned order does not suffer from any error or illegality, whereas, the proper order has been passed by the Justice of Peace, keeping in view the facts and circumstances of the case according to which it appears that there is some civil dispute between the parties. Accordingly, instant petition is dismissed in limine, along with listed applications; however, the petitioner may seek alternate remedy by way of filing direct complaint before the same Magistrate, which may be disposed of in accordance with law.

 

 

                                                                                   JUDGE

 

                                                JUDGE

N.M.