IN THE HIGH COURT OF
SINDH BENCH AT SUKKUR
Criminal Misc.
Application No.S- 828 of 2021.
Date |
Order
with signature of Judge |
For hearing of main case.
24.02.2022.
Mr. Shahid Aziz
Kaleri, Advocate for Applicant.
Mr. Khalil
Ahmed Maitlo, D.P.G.
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Through the instant Criminal Misc. Application, the
applicant has impugned the Order dated 25.11.2021 passed by learned Additional
Sessions Judge-I (MCTC)/Ex-Officio Justice of Peace Ghotki, who dismissed the
Criminal Miscellaneous Application u/s 22-A (6) (i) Cr.P.C bearingCriminal M.A
No. 3231/2021 filed by the applicant for registration of FIR, hence the
applicant filed the instant Criminal Misc. Application.
2. Learned
counsel for the applicant submits thatthe application filed by applicant under
section 22-A B Cr.P.C for registration of FIR was dismissed on the ground that
applicant has not approached before the Court with clean hands but per learned
counsel for applicant he has moved an application to S.S.P Ghotki and produced
the same before this Court in which he has disclosed the cognizable offences as
such he prays the impugned order of Ex-officio Justice of peace may be set
aside and the directions may be given to SHO for registration of FIR against
proposed accused.
3. On the other hand learned Deputy Prosecutor
General has supported the impugned order and seeks dismissal of instant Criminal
Misc. application. He relied upon the cases of Imtiaz Ahmed Cheema SHO vs. SHO
Police Station Daharki, Ghotki and 2 others (2010 YLR 189) and Rai Ashraf and
others vs. Muhammad Saleem Bhatti and others (PLD 2010 Supreme Court 691).
4. I have heard learned counsel for the applicant,
learned D.P.G and have scanned the material available on record. From the perusal of record it reflects that
the applicant is owner of Atta Chakki and the proposed accused belongs to Food
department as such he intends to drag them in criminal litigation and has filed
application for registration of FIR. Admittedly from perusal of application
which was moved by applicant to S.S.P Ghotki, no where date, time and names of
the witnesses has been shown. Furthermore report has been called from SHO P.S
‘A’ Section Ghotki who has reported that there is dispute between the applicant
and proposed accused over cheque matter and the applicant has exaggerated the
facts in the memo of application under section 22-A B Cr.P.C. Since there is dispute
between the officials of food department and the owner of Atta Chakki and
applicant wants to convert his business dispute into criminal litigation and
has filed the instant petition to involve the proposed accused in criminal
litigation.In these circumstances it appears that there is no any illegally and
infirmity in the impugned order passed by learned Additional Sessions Judge-I
(MCTC) Ex-officio Justice of Peace Ghotki through his impugned order and same
does not requires any interference, therefore the instant Criminal Misc.
Application stands dismissed.
Judge
Irfan/P.A