ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr. Misc. Appln. No. S-242 of 2020
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Date |
Order with signature of Judge |
01.For orders on M.A.No.3661/2020 (U/A)
02.For orders on office objection “A”
03.For orders on M.A.No.3662/2020
04.For hearing of main case.
11-09-2020
Applicant in person
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IRSHAD ALI SHAH, J.- The applicant by way of instant Crl.Misc. Application has impugned order dated 18.08.2020, passed by learned Ex-Officio Justice of Peace, Qamber, whereby his application for issuance of direction against SHO, P.S Nasirabad, for recording his FIR against the proposed accused was dismissed with an advice to him to file direct complaint of the incident before the Court having jurisdiction.
2. It is contended by applicant that they were in possession of piece of land, when they were planting trees therein, there came the proposed accused, maltreated him and his witnesses, therefore, he approached learned Ex-Officio Justice of Peace, Qamber, for issuance of directions against the police to record his FIR, which was denied by way of impugned order, which is illegal, it may be set aside and the SHO, P.S Nasirabad be directed to record his FIR.
3. I have considered the above arguments and perused the record.
4. As per the impugned order, the civil and criminal litigation between the applicant and proposed accused is going on. Perhaps, in that context, the learned Ex-Officio Justice of Peace, Qamber, instead of issuing direction to police to record FIR of the applicant, directed him to file direct complaint of the incident before the court having jurisdiction, such remedy, if is exhausted, would be adequate and alternate. By doing so, learned Ex-Officio Justice of Peace, Qamber, has committed no wrong which could be made right by this Court by way of instant Crl.Misc.Application, it is dismissed in limine together with listed applications.
J U D G E