IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

Crl. Misc. Appln. No. S-11  of 2022.

 

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Date of hearing   25-04-2022.

 

Mr. Muhammad Nasir Malik Advocate for Applicant.

 

Mr. Abdul Mujeeb Shaikh Advocate for respondents No.4,5& 7.

 

Mr.ImranMubeen Khan APG.

                        -.-.-.-.-.-.-.

 

 

ORDER

 

Through this miscellaneous application, applicant Faiz Muhammad has assailed the order dated 01.01.2022 passed by the learned IInd Additional Sessions Judge/Ex.Officio Justice of Peace, Naushahro Feroze in Cr.Misc.Appln.No.5048/2021 filed under Section 22-A & 22-B, Cr.P.C for registration of FIR against the proposed accused, which was dismissed.

 

          Pursuant to notice issued by this Court, the official respondents No.1 to 3 file their written statements, which are taken on record.   

 

Learned counsel for the applicant contends that the impugned order has been passed by the learned trial Court without considering the material available on record and arguments of the applicant’s side, otherwise the applicant has good case on merits for registration of FIR against the proposed accused. He prays for setting aside the impugned order.

 

          Learned counsel for respondents No.4, 5 & 7 and learned APG appearing for the State support the impugned order by contending that the order is speaking one and does not call for any interference by this Court.

Per record, the dispute between applicant and proposed accused arose over ownership of house in pursuance thereof civil suit was filed by the present applicant against private respondents but same was dismissed. However, offshoot of the said proceedings in the shape of second appeal/revision is pending before this court.

From perusal of the impugned order, it appears that learned Sessions Judge/Ex-Officio Justice of Peace, Naushahro Feroze, after hearing counsel for the parties and taking into account the material facts has passed speaking order. There appears no illegality and or infirmity in the impugned order. No force is found in the stance taken by the applicant in the present proceedings and further learned counsel for the applicant has also failed to point out any error and or any illegality, infirmity or jurisdictional error in the impugned order, which could warrant interference by this Court. Consequently, this Criminal Miscellaneous application having no merits is dismissed.

 

                                                                                            J U D G E

                                                                                     

 

 

 

 

 

Akber.