Syed Ahmed Ali Shah (Applicant) VS The State (Respondent)

ORDER SHEET

IN THE HIGH

COURT OF SINDH BENCH AT SUKKUR

Cr.

Misc. Application No.S-816 of 2018.

Date

Order with signature of Judge

1.For Orders on office objection.

2.For hearing of main case.

Mr. Abdul Qadir Khanzada, advocate for applicant.

Mr. Mir Afazal Hussain Talpur, APG.

Through the instant application, the applicant Syed Ahmed Ali Shah has impugned the order dated 12-09-2018 passed by learned Ex-Office Justice of Peace/Sessions Judge Naushehro Feroze, whereby he has dismissed an application u/s 22A & B CrPC filed by the applicant.

2.The relevant facts of the case are that on 21-08-2018 at about 9-00 am applicant along with his brother Jhndal Shah were available in his house and Waqar Ali Rajper was working in cattle from the applicant adjacent to his house where proposed accused Ali Raza Shah, Bhooral Shah, Amir Ali Shah, Rameez Ali Shah, Rashid Shah, Rustam Shah, Saleem Shah, Fiazal Shah and Darya Khan @ Karachi Ali Shah duly armed with deadly weapons entered in to the house of applicant and threatened to withdraw from the civil case committed robbery of cash amount and golden ornaments, tried to kidnap the applicant in order to commit his murder, but on the cries of the applicant party, the proposed accused went away while making aerial firing and issuing threats of dire consequences.

3.Learned counsel for the applicant submits that proposed accused have committed the cognizable offence and he approached the Ex-Office Justice of Peace/Sessions Judge Naushehro Feroze, where his application u/s 22A & B CrPC was dismissed on the ground that civil litigation is pending between the parties on learned counsel for proposed accused placed on record a copy of an injunction Application in F.C Suit No. 101/2006, which shows old ongoing dispute between the parties over landed property.

5.Learned APG submits that the civil dispute between the parties is going over the landed property and applicant in order to convert the civil dispute in to criminal litigation has filed the instant application and learned Ex-Officio Justice of Peace/Sessions Judge Naushehro Feroze has rightly dismissed his application, therefore, he has opposed the instant application.

6.I have heard learned counsel for the applicant, learned APG and have perused the material available on record.

7.It is admitted position that applicant dispute over the landed party is going on between the parties and application has filed the instant application in order to pressurize his opponents through criminal litigation. It would be appropriate for the applicant to file direct complaint before the competent Court of law, if so desire. In case of Habidullah V. Political Assistant, Dera Ghazi Khan and others (2005 SCMR 95), the Honourable Supreme Court of Pakistan observed that private complaint could provide an equal adequate relief to the petitioner because he could lead the entire evidence before the trial Court and his grievance could be adequately redressed, therefore, it would be appropriate for the application to file direct complaint.

8.In view of above, the instant Cr. Misc. Application stands dismissed.

Judge

Nasim/P.A