ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. M.A No.S-760/2017

Date	Order with signature of Judge

For hearing on M.A No:889/2018

26.03.2018

Mr.Shoukat Ali Makwal, Advocate for applicant.

Mr.Mr.Ubedullah Malano, Advocate for alleged contemnor.

Mr.Abdul Rehman Kolachi, DPG.

*****************

The facts leading to passing of this order are that; the applicant filed an application u/s 22-A & B Cr.P C before learned Justice of Peace, at Khairpur, whereby he sought for direction against the police to record his FIR against the official of SEPCO. It was dismissed, such dismissal of his application the applicant impugned before this court by way of filing a miscellaneous application. It was disposed of by this court with a direction to the SEPCO officials to dispose of the application of the applicant for redressal of his grievance, in accordance with law, within 30 days. The needful according to the applicant was not done by the SEPCO officials, he then filed the instant application for initiating the contempt proceedings against the SEPCO officials.

It is contended by learned counsel for the applicant that the SEPCO officials on account of their failure to dispose of the application of the applicant has committed disobedience to the lawful order of this court, as such they are liable to be prosecuted.

It is contended by learned counsel for alleged contemnor that not only application of the applicant was entertained but it was disposed of with issuance of deduction bill worth Rs.2300/- in favour of the applicant which is paid. By contending so, he produced photo stat copy of such bill and then sought for dismissal of the instant contempt application.

Learned DPG sought for dismissal of contempt application, as it is based on malafide.

I have considered the above arguments and perused the record.

As per the alleged contemnor (SDO SEPCO Setharja) the application of the applicant was not only entertained but it was disposed of with issuance of deduction bill in favoaur of the applicant, which is duly paid. If it was so, then the order of this court apparently is complied with. In that situation no case for initiating contempt proceedings against the alleged contemnors is made out. If the applicant is having a grievance that something wrong has been done with him by the SEPCO officials with regard to consumption of electricity and issuance of bills against him then he could agitate such grievance before a civil court having jurisdiction in accordance with law.

The instant application is dismissed in above terms.

JUDGE

Sajjad