ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Misc. Application No.S-374 of 2022

(Mukhtiar Hussain Maitlo Vs. The State & others)

Date

               Order with signature of Judge

           

                          

                           For hearing of main case.

07-03-2023.

 

            Applicant Mukhtiar Hussain in person.

            Mr. Shafi Muhammad Mahar, Deputy P.G for the State. 

                                    12-09-2014

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

1.         The applicant by way of instant Crl. Misc. Application has impugned an order dated 31-05-2022 passed by learned IVth Additional Sessions Judge/Ex-Officio Justice of Peace, Khaipur, whereby his application u/s 22A & B Cr.P.C for issuance of directions against SHO PS Shaheed Murtaza Mirani A-Section Khairpur, was dismissed for want of jurisdiction.

2.         It is contended by the applicant that proposed accused have not only issued a cheque in his favour dishonestly, which has been bounced, but have threatened him to be killed, therefore, learned Ex-Officio Justice of Peace ought not to have dismissed his application for want of jurisdiction. By contending so, he sought for setting aside of impugned order, with direction to police to record his FIR for the said incident at his verbatim.

3.         Learned DPG for the State by supporting the impugned order has sought for dismissal of instant Crl. Misc. Application by contending that the applicant has an alternate remedy to exhaust under section 200 Cr.P.C.

4.         Heard arguments and perused the record.

5.         The issue of cheque is involved, which is lying with the applicant; therefore, the police has hardly to do anything in case like the present one. If, it is believed that that the FIR of the applicant for the said incident is not being recorded by the police, then he has an alternate remedy to exhaust by filing Direct Complaint of such incident, before the Court having jurisdiction; such remedy, if is exhausted by him besides, being alternate would be adequate in the circumstances. No illegally is apparent, which may justify this Court to make interference with the impugned order, consequently the instant Crl. Misc. Application is dismissed.

 

 

             JUDGE

 

Nasim /PA