SUNDAR LAL (Applicant) VS SP COMPLAINT CELL HYD & OTHERS (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

Cr. Misc. Appln. No.S- 121 of 2021

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on MA-1857/2021

2.For orders on office objection

3.For orders on MA-1858/2021

4.For hearing of main case.

Mr. Poonjo Ruplani, advocate for applicant.

1.Urgency granted.

2to4. It is the case of the applicant that the proposed accused took him away by force and then kept him confined illegally; therefore, he approached learned Ex-officio Justice of Peace/8 th Additional Sessions Judge, Hyderabad by making an application u/s 22-A & B Cr.P.C for issuance of direction against the police to record his FIR, it was dismissed by him vide his order dated 19.02.2021, which is impugned by the applicant before this Court by way of instant Criminal Misc.

Application.

It is contended by learned counsel for the applicant that a cognizable offence was made out therefore, learned Ex-officio Justice of Peace/8th Additional Sessions Judge, Hyderabad ought not to have dismissed the application of the applicant by way of impugned order, same being illegal is liable to be set-aside after notice.

I have considered the above argument and perused the record.

Parties as per impugned order are disputed since long. If, for the sake of argument it is believed that the applicant was taken away by force by way of maltreatment and then confined illegally then such

allegation he could prove by filing a direct complaint before the Court having jurisdiction. No illegality is pointed out in the impugned order, which may justify this Court to make interference with the same by way of instant Criminal Misc. Application, it is dismissed in limini.

JUDGE

Ahmed/Pa