ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-107 of 2020

 

Date	Order with signature of Judge

 

For hearing of main case.

28-08-2020

 

Mr. Razi Khan Nabi Bux, Advocate for the applicant

Mr. Abdul Rehman Chandio, Advocate for private respondents

Mr. Muhammad Noonari, D.P.G for the State.        

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IRSHAD ALI SHAH, J;- It is alleged by the applicant that the proposed accused on account of cattle trespass, maltreated him and then went away by making aerial firing and threatening him of murder, for that his FIR was not recorded by the police and he, therefore, approached learned Ex-Officio Justice of Peace, for issuance of direction against police to record his FIR for the above said incident, too was dismissed by him vide order dated 19.05.2020, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application.

2.                    It is contended by learned counsel for the applicant that a cognizable offence has been committed by the proposed accused therefore, the learned Ex-Officio Justice of Peace, ought not to have rejected the application of the applicant. By contending so, he sought for issuance of direction against the police to record FIR of the applicant for the above said incident.

3.                    Learned D.P.G for the State and learned counsel for the proposed accused have sought for dismissal of the instant application by supporting the impugned order by contending that there is dispute between the parties over the landed property.    

4.                    I have considered the above arguments and perused the record. 

5.                    If for the sake of arguments, it is believed that there is dispute between the parties over the landed property even then the offence could adequately be proved by the applicant by having recourse under section 200 Cr.PC. No illegality is pointed out, which may justify making interference with the impugned order of learned Ex-Officio Justice of Peace, by this Court by way of instant Crl.Misc.Application, it is dismissed accordingly.

                                                                                             J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For reasons to follow the impugned order is set aside.