ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Misc. Application No. S-43 of 2023

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For Orders on MA No. 371/2023 (U/A)

2. For Orders on office objection.

3. For Orders on MA No. 372/2023 (Ex./A)

4. For hearing of main case.

23-01-2023.

Applicant Nawab Manglo in person.

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1. Granted.

2. Deferred.

3. Deferred.

4. The applicant by way of instant Crl. Misc. Application has impugned an order dated 11-01-2023 whereby his application for issuance of direction against the police to record his FIR against the private respondent for committing mischief by cutting his standing trees from his landed property was dismissed by learned IVth Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur.

It is contended by the applicant that a cognizable offence has taken place, therefore, learned Ex-Officio Justice of Peace, ought not to have dismissed his application. By stating so, he sought for direction against the police to record his FIR for the above said incident by setting aside the impugned order.

Heard arguments, perused the record.

Parties are disputed over the landed property. SHO PS Agra has denied allegation of occurrence by filing such report before learned Ex-Officio Justice of Peace. If for the sake of arguments, it is believed that the incident as alleged by applicant has actually taken place and for that his FIR is not being recorded by the police, even than he has an alternate and adequate remedy to exhaust u/s 200 Cr.P.C or to file a suit for recovery of his money without approaching this Court, seeking direction for recording of his FIR by the police. In these circumstances, learned Ex-Officio Justice of Peace, by dismissing the application of applicant by way of impugned order has committed no illegality, which could be made right by this Court by way of instant Crl. Misc. Application; consequently, it is dismissed in limini.

Judge

Nasim/P.A