ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-142 of 2022.

 Date of hearing

Order with signature of Judge

 

For hearing of main case.

20.02.2023.

                        Mr. Ghayoor Abbas Shahani, Advocate for the applicant.

                        Mr. Aitbar Ali Bullo, D.P.G for the State a/w SIP Ali Dost

on behalf of S.S.P Larkana and ASI Allahdad Samtio, Incharge SHO P.S Waleed.

 

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ZULFIQAR ALI SANGI, J;- It is alleged that the proposed accused entered into an agreement with the applicant in respect of sale of their plot in sum of Rs.39,00,000/-, to which applicant paid Rs.34,00,000/- one after other and then approached the proposed accused for getting registry of said plot whereupon they refused to do the needful nor returned his money but issued him threats of dire consequences, for that his FIR was not recorded by the police, therefore, he by way of making an application Under Section 22-A & B Cr.PC sought for direction against SHO, P.S, Waleed Larkana, to record his FIR for the above said incident but it was declined by learned 3rd Additional Sessions Judge/Ex-officio Justice of Peace, Larkana, vide his order dated 11.05.2022, which he has assailed before this Court by way of filing the instant Crl.Misc.Application Under Section 561-A Cr.PC.

2.         Per learned counsel for the applicant, the proposed accused are intending to usurp the amount of the applicant and learned Ex-Officio Justice of Peace Larkana while dismissing application of the applicant without any lawful justification has committed illegality which requires interference by this Court. He lastly prayed for direction against the police to record statement of the applicant for further action in accordance with law.

3.         Learned D.P.G for the State by supporting the impugned order has sought for dismissal of the instant application by contending that the parties are disputed over the money transaction in respect of the plot which purely pertains to the civil nature, therefore, learned trial Court has rightly dismissed the application of the applicant.

4.         Heard learned counsel for the parties and perused the material made available on record with their able assistance.

5.         The parties, admittedly, are disputed in respect of transaction over the plot, as is evident of copy of agreement annexed with memo of application which purely pertains to the civil nature and such dispute could only be resolved by Civil Court having jurisdiction. Be that as it may, if the contention of the applicant is believed to be true then he rather to file instant application would have exhausted the appropriate remedy by filing a suit for recovery of his outstanding amount against the proposed accused, which he has failed. No civil remedy is curable by way of criminal proceedings; therefore, the intention on part of applicant to involve the proposed accused in a criminal case apparently smells of somewhat malafide on his part.

6.         No illegality has been committed by learned 3rd Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana while declining registration of FIR of the applicant against the proposed accused by way of impugned order which is based upon sound reasoning, therefore, it does not call for any interference by this Court. Consequently, the instant Crl.Misc.Application being devoid of merits is dismissed accordingly.    Since, the applicant by filing a false and frivolous application has wasted the precious time of Court(s), therefore, cost of Rs.25000/- is imposed upon him, to be deposited by him with the Library of Sindh High Court Bar Association at Larkana, within ten days, hereinafter, failure thereof, his CNIC be blocked through NADRA till realization of aforesaid cost.

                                                                                                        JUDGE

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