ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-272 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

05.11.2021

 

Mr.Rafique Ahmed Abro, holding brief for Mr.Muhammad Ashique Dhamrah Learned Counsel for the applicant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

 

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IRSHAD ALI SHAH, J;- The facts in brief necessary for disposal of instant application are   that the applicant being Chief Officer, District Council, Qamber, together with Chairman, District Council, Qamber, issued certain cheques in favour of the private respondent to the satisfaction of contractual work, allegedly done by him, those were bounced when were presented before the concerned Bank for encashment. On account of refusal of the police to record his FIR, the private respondent by way of making an application under section 22-A & B Cr.PC, sought for direction against the police to record his FIR, which was issued by learned 2nd Additional Sessions Judge/Ex-Officio Justice of Peace, Qamber, by way of order dated 16.09.2020, which is impugned by the applicant before this Court by making the instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by learned counsel holding brief that the cheques were not stamped and were invalid, if the private respondent is having a feeling that his amount under contractual work, if any, is due against District Council, Qamber, then he has to recover the same by way of filing a civil suit before the Court having jurisdiction; therefore, learned Ex-Officio Justice of Peace ought not to have issued direction to police for recording FIR of the private respondent by way of impugned order, same being illegal is liable to be set aside.

                        None has appeared on behalf of the private respondent. However, learned Addl.P.G for the State has supported the impugned order.

                        I have considered the above arguments and perused the record.

                        The cheques, if any, apparently have been issued by the applicant in discharge of his public function to satisfy the contractual obligation for work allegedly done by the private respondent, if those are not encashed, then the private respondent has a remedy to recover his amount under contractual obligation, if any, by way of filing a civil suit before the Court having jurisdiction. In these circumstances, issuance of direction for recording of FIR of the private respondent against the applicant by learned Ex-Officio Justice of Peace, by way of impugned order was not called for, it is set aside.

                        The instant Crl.Misc.Application is disposed of accordingly.

  

J U D G E