Ashfaque Ahmed (Petitioner) VS P.O Sindh & Other (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

C.P. No.D-755 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on M.A. No.3396/2020.

2.For orders on office objections.

3.For orders on M.A. No.3397/2020.

4.For orders on M.A. No.3398/2020.

5.For hearing of main case.

Mr. Ahsan Ali Bhurgari, Advocate along-with the petitioner.

1.Urgency disposed off.

2to5. Before presenting this Constitutional Petition before this Court, the petitioner has filed an application under section 133 Cr.P.C before the learned 2nd Civil Judge & Judicial Magistrate Badin through Criminal Miscellaneous Application No.24 of 2020 for redressal of his grievance, but the said application was dismissed being not maintainable by the said Magistrate vide impugned order dated 19.05.2020.

During course of arguments, we have specifically asked question from the learned counsel for the petitioner when the remedy was available to the petitioner for redressal of his grievance by filing Appeal or Revision before the Sessions Court concerned why he did not present the same, he has no satisfactory answer to the query. We have also asked question from the learned counsel for the petitioner with regard to explain the office objections, he has no satisfactory answer. Under the circumstances, this petition appears to be not maintainable and the same is disposed off accordingly. However, the petitioner if, still feels that his application under section 133 Cr.P.C filed before the Magistrate was maintainable, then he may file Appeal or Revision before the District and Sessions Judge concerned, which shall be

decided within one (01) month strictly in accordance with Law without being influenced of this Order.

JUDGE

JUDGE

Muhammad Danish Steno*