ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc.
Application No.S-151 of 2023
(Musavir Ahmed Soomro Vs. The State & others)
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Date |
Order with signature of Judge |
1. For Orders on office objection.
2.
For hearing of main case.
09-03-2023.
Mr.
Saddam Hussain Abro, advocate for the applicant.
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1. The applicant by way of instant Crl. Misc. Application has
impugned order dated 17-02-2023 whereby his application u/s 22A/B Cr.P.C for
issuance of direction against the police to record his FIR was dismissed by
IVth Additional Sessions Judge (Hudood)/Ex-Officio Justice of Peace Sukkur.
2. It is contended by learned counsel for the applicant that
cognizable offence has taken place, therefore learned Ex-Officio Justice of
Peace ought not to have dismissed the application of the applicant, therefore,
the impugned order being illegal is liable to be set aside with direction to
police to record FIR of the applicant at his verbatim.
3. Heard arguments and perused the record.
4. As per impugned order there is dispute between the parties
over the plot. Be that as it may, if it is believed that the incident as
alleged by the applicant has actually taken place and for that his FIR is not
being recorded by the police, then he has an alternate remedy to exhaust u/s
200 Cr.P.C by filing Direct Complaint of the incident before the Court having
jurisdiction; such remedy if exhausted besides being alternate would be
adequate in the circumstances of the case. No illegality is apparent which may
justify this Court to make interference with the impugned order by way of
instant Crl. Misc. Application u/s 561-A Cr. P.C it is dismissed accordingly.
JUDGE
Nasim /PA