ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Criminal Misc. Application No. S-
218 of 2022
Date of hearing |
Order with signature of Judge |
Fresh case.
1.
For orders on MA No.1766/2022
(U/A)
2.
For orders on
office/objection at Flag ‘A’.
3.
For orders on MA No. 1767/2022
(Ex)
4.
For hearing of main case.
18.04.2022.
Applicant Javed Ali Kharos, present in person.
-.-.-.-
Through this Criminal
Misc. Application applicant who is present in person has impugned the order
dated 09.04.2022 wherein an application under section 22-A B Cr.P.C for
registration of FIR was dismissed by learned Additional Sessions Judge-V/Ex-officio
Justice of Peace, Sukkur.
2. I
have perused the impugned order carefully and perused the material brought on
record. Relevant para No.4 thereof is re‑produced as under:
“
4. Heard the applicant in person, learned counsel for proposed accused and
learned DDPP for the State and also perused the contents of memo of instant Cr.
Misc. Application and reports of police officials very carefully, perusal of
which reflects that there is dispute in between applicant and proposed accused
over some outstanding amount, which comes within the domain of civil nature. It
appears that applicant wants to get case lodged after obtaining order from this
Court. In the case of Muhammad Ameen v. Bashir Ahmed and others (2006 SCMR 969)
before the Honourable Supreme Court, it has been held that in case of a civil
dispute, criminal proceedings cannot be made a substitute for determination of
civil rights. The Honourable Supreme Court in the case of Rai Ashraf and others
vs. Muhamamd Saleem bhatti and others reported in (PLD 2010 SC 691) has held
that Ex-Officio Justice of Peace is fully competent to go into the details of
the case and apply his judicial mind. He is not expected to pass orders in the
mechanical manner.”
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