ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. A. No.S-223 of 2018.

Date of hearing

Order with signature of Judge

1. For hearing of main case.

03.10.2018.

Mr.Ali Muhammad Zardari, Advocate for the applicant.           

                        Mr.Sharafuddin Kanhar, A.P.G

                        Private respondent in person

                                                            ---------------

                        The applicant by way of instant application u/s.561-A Cr.PC has impugned an order dated 06.08.2018, passed by learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace, Mehar. The operative part whereof reads as under;

“SHO Police Station Radhan is directed to provide legal protection and make sure that the applicant is not prevented from cultivating the land without due course of law. SHO is further directed to examine the applicant orally and if any cognizable offence is made out then he shall act in accordance with law”.

                        The facts in brief necessary for disposal of instant application are that by way of filing an application u/s.22-A & B Cr.PC, prayed as under;

“a)       That this Honourable Court may be pleased to accord directions to the opponent to register the case of the applicant against the proposed accused for offence.

b)         That this Honourable Court may kindly be pleased to direct the opponents No.1 & 2 to provide legal and lawful protection to the applicant and his family members”.

                        It is contended by learned counsel for the applicant that the learned 1^st Additional Sessions Judge/Ex-officio Justice of Peace, Mehar, while passing the impugned order has attempted to resolve the civil dispute between the parties under the grab of protection. By contending so, he sought for reversal of the same.

                        Learned A.P.G and private respondent in person have supported the impugned order.

                        I have considered the above arguments and perused the record.

                        As per report furnished by SHO, P.S, Radhan before learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace, Mehar, that no incident as alleged by the private respondent has taken place and there is dispute between the parties over boundary line of their landed property. Such report of SHO P.S Radhan was not rebutted by the private respondent by way of filing his objection, which appears to be significant. It is evident of the record that the parties are disputed over purchase of the landed property. In that situation, ordering SHO P.S Radhan to ensure that the private respondent is not prevented from cultivating his land under the grab of protection, was uncalled for. If for the sake of arguments, it is believed that the incident as alleged by the applicant has actually taken place and for that his FIR was not being recorded by SHO P.S Radhan, then the applicant was having an alternate and adequate remedy to exhaust by way of filing a direct complaint before the Court having jurisdiction.

                        In view of the facts and reasons discussed above, the impugned order could not be sustained, it is set aside.

                        The instant application is disposed of accordingly.

                                        JUDGE