ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 185 of 2022

Date of hearing

Order with signature of Judge

Fresh case.

1. For orders on office objection at Flag ‘A’.

2. For hearing of main case.

22.04.2022.

Mr. Manzoor Hussain Narejo, Advocate for applicant.

-.-.-.-

Through this Criminal Misc. Application applicant Mubeen Ahmed Narejo has impugned the order dated 26.02.2022 wherein an application under section 22-A B Cr.P.C for registration of FIR was dismissed by learned Additional Sessions Judge-IV/Ex-officio Justice of Peace, Khairpur.

2. I have perused the impugned order carefully and perused the material brought on record. Relevant para No.6 thereof is re‑produced as under:

“ I have considered the arguments of both sides and perused record. Perusal of record shows that the DSP complaint cell Khairpur in his report submitted that both parties were called but they did not appear for the purpose of enquiry. SHO reported that when the proposed accused has refused to gift a plot to applicant, the applicant filed this application. SHO further reported that no incident has taken place. Record shows that the applicant also filed an application of like nature bearing Cr. M.A No.5181/20201. Moreover, there is a dispute between the applicant and proposed accused over plots. The dispute between the parties appears to be of purely civil nature. Moreover, the story set forth in the instant application appears to be absurd and does not inspire confidence of the Court. It is held in the case of Muhammad Mushtaque Versus State (2008 YLR 2301) that the law does not expect and require to allow the request of complaining person mechanically, blindly and without application of legal mind and Justice of peace is competent to examine complainant with full application of legal mind and is not supposed to accept and believe the same as gospel truth and if it is found that allegations set up by complaining persons appears to be ridiculous or self-contradictory or vague or barred by law or offensive to public policy and accepted standards of morality, he may be legally justify to turn down the request of registration of case”

3. In view of above, I find no illegality or irregularity while passing the impugned order which is speaking and the same does not requires any interference, therefore the instant Criminal Misc. Application stands dismissed. However, the applicant is at liberty to file direct complaint against the proposed accused before the competent Court of law if so desire.

Judge

Irfan/PA