Niaz Hussain (Applicant) VS Learned ADJ Hala and others (Respondent)

ORDER SHEET

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

Cr. Misc. Appln. No.S- 119 of 2021

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on MA-1844/2021

2.For orders on office objection

3.For orders on MA-1845/2021

4.For hearing of main case.

Mr. Ashfaque Ali Khaskheli, advocate for applicant.

1.Urgency granted.

2to4. It is the case of the applicant that the proposed accused by declaring them to be judicial officers, which they are not, have threatened him of dire-consequences; therefore, he approached learned Ex-officio Justice of Peace/Additional Sessions Judge, Hala 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 15.02.2021, 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/Additional Sessions Judge, Hala 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 apparently are disputed over property. In that context learned Ex-officio Justice of Peace/Additional Sessions Judge, Hala refused to issue direction to police to record FIR of the applicant by

way of well reasoned order, which could not said to be illegal only for the reason that it has been passed against the applicant. Consequently, the instant Criminal Misc. Application being misconceived is dismissed in limini.

JUDGE

Ahmed/Pa