THE HIGH COURT OF SINDH, BENCH AT SUKKUR

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt. Petition No.D-1186 of 2024

DATE OF

HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

1. For orders on O/objection at flag-A.

2. For orders on M.A. No.4648/24

3. For hearing of main case.

01.10.2024

Mr. Achar Khan Gabole, Advocate for petitioners.

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This petition filed on behalf of the petitioners contending that the petitioner No.1 is consumer of respondents and used Electricity through Reference No.27383430052622 same is commercial and he used it for his house, whereas the other solar panel plant is installed at his Atta Chaki since year, 2022, such electric meter was transferred from Manzoor Hussain Jatoi in the name of petitioner No.1. That during the month of March, 2023 when he also used Electricity through Reference No.27 38343 0056062 U which is of commercial and it was used by the petitioner No.2 for his house and solar panel plant also installed thereto. In the month of January 2024 respondent No.5 sent monthly bill to the tune of Rs.5908 whereas the respondent No.5 illegally imposed detection amount Rs.96302.94/- on 15.02.2024. That on the same day respondent No.1 issued Demand Notice of over load charges amounting to Rs.44,984/- and directed the petitioner to pay the same. In the month of February, 2024 respondent No.5 sent monthly bill to the petitioner No.2 and the respondent No.5 illegally imposed detention amount to the tune of Rs.20,44,051/- on 12.02.2024 and respondent No.5 also issued Demand Notice of over load charges amount Rs.1,04,961/- and directed petitioner No.2 to pay the same and such illegal acts of Wapda authorities petitioner No.1 filed F.C Suit No.28/2024 while petitioner No.2 filed F.C. Suit No.33/2024 before the Court of learned Senior Civil Judge, Moro and threats are being faced by the petitioner at the officials of Wapda for illegal gratification and they also got registered FIR bearing Crime No.21/2024 u/s 462-K, 409, 420, 34, 109 PPC r/w 5(2) PCA-II, 1947 at Police Station, FIA Composite Circle SBA against the petitioners. Petitioner has made the following prayers;

a). To quash the false and fabricated FIR bearing Crime No.21/2024 u/s 462-K, 409, 420, 34, 109 PPC r/w 5(2) PCA-II, 1947 at Police Station, FIA Composite Circle SBA which was registered against the petitioners.

b). To restrain the respondent No.4 from submitting the Challan of FIR bearing Crime No.21/2024 u/s 462-K, 409, 420, 34, 109 PPC r/w 5(2) PCA-II, 1947 at Police Station, FIA Composite Circle SBA before the concerned competent Court of law, till final disposal of the instant petition.

Learned counsel for petitioners on the first date of hearing was called upon to make his submissions as to the maintainability of the present petition on account of having approach this Court directly without first approaching the learned trial Court. Learned counsel after drafting his case as stated in the memo contended that the Civil Court approached by the petitioners required that the criminal liability be established after same is ascertained by the said Civil proceedings. Learned counsel has contended that after the raid conducted by the FIA officials alongwith SEPCO personnels detection bills was given which is under contestation on account of Civil proceedings filed by him and an interim order has been obtained being as follows;

“This order shall dispose of an application u/o XXXIX rule 1&2 CPC filed by the learned counsel for the plaintiff.

Heard the learned counsel for the parties and perused the material available on record. The record shows that the plaintiff had paid last electric bill for the month of February, 2024 which was paid in the bank on 27.02.2024 but the defendants issued electric bill worth Rs.1020409/- in the same month and for the same month of February 2024. In view of these circumstances the status quo is granted till next date of hearing. The defendants are directed to maintain the status quo till next date of hearing positively”.

We have preferred not to pass any comments as to the case made out without all the required facts and manner of dispute raised so as not to prejudice the case of any party. Learned counsel has also contended that as challan has not come-up as such the approach to the trial Court may not available to him.

Having heard the learned counsel, we do not find any substance and merits in the present petition on account of the direct approach made in the matter. The availability to approach the trial Court is not limited to the petitioner as other side is also involved and rights consequently available for both sides, even otherwise the controversy is to be addressed by the learned trial Court and this Court requiring to exercise the appellate jurisdiction. The availability of remedy being available the direct approach in such circumstances disentitles the entertainment. Accordingly, this petition stands dismissed in limine.

J U D G E

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