IN THE HIGH COURT OF SINDH AT KARACHI
C.P.No.D-4970 of
2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
1. For order on Misc.
No. 22088/2024 (U/A)
2. For order on office
objection No.5
3. For order on Misc.
No. 22089/2024 (Exemp)
4. For order on Misc.
No. 22090/2024 (Stay)
5. For hearing of main
case
08.10.2024
Syed
Safdar Ali advocate for the petitioner
-.-.-.-.-.-.-.
It is inter-alia contended
that respondents No.3 and 4 in excess of their powers have entered into the
house of the petitioner without any legal justification. In the prayer, it is
prayed for taking action against the respondents No.1 to 3. It appears that alternate
remedy is available to the petitioner to exhaust. Section 22-A(6)
provides as under:
22-A(6) An ex-officio justice
of the Peace may issue appropriate directions to the police authorities
concerned on a complaint regarding:
(i) Non-registration of criminal case;
(ii) Transfer of investigation from one
police officer to another; and
(iii) Neglect, failure or excess committed by a police
authority in relation to its functions and duties.
It is very much clear that in
case of neglect, failure or excess committed by the police authority in
relations to its functions and duties, an Ex-Officio Justice of Peace may issue
appropriate directions to the police authorities on the complaint and
admittedly such remedy has not been exhausted by the petitioner.
In the view of alternate
remedy, this petition is not maintainable, the same is dismissed. Petitioner
may approach Ex-Officio Justice of Peace for seeking directions to the
concerned police officials in relation to the excess committed by them.
JUDGE
JUDGE
Wasim ps