ZULFIQAR ALI Versus PROVINCE OF SINDH through Secretary, Home Department Government of Sindh

ORDER

AMER RAZA NAQVI, J.--- Granted.

2. Granted subjected to all just exceptions.

3. Learned counsel submits that proposed accused persons forcibly entered into the otaq of petitioner in his presence and taken away certain articles, details of which is mentioned in para-5 of application moved before learned ex-Officio Justice of Peace which is available at page-23 of the file. He submits that thereafter petitioner along with witnesses namely Moosa and Asad Ali approached SHO, P.S. Mirpur Mathelo and requested him to get the stolen articles returned from the above named proposed accused. Learned counsel submits that SHO did not register any FIR, therefore, application under section 22A(6)(1), Cr.P.C. was moved before learned ex-Officio Justice of Peace. Learned counsel submits that vide order dated 6.1.2015 passed in Crl. M.A. No.2304/2014 learned 3rd Additional Sessions Judge, Mirpur Mathelo dismissed the application. He submits that articles are still lying with the proposed accused and are not being returned to him. He submits that those acts were done in retaliation of filing of petition by the applicant before this court which was disposed of with direction that the application of the applicant before PEMRA be disposed of within one month.

I have gone through the impugned order and other material annexed with the petition. It has been mentioned in the impugned order that the officials of PEMRA applied to the learned 2nd Civil Judge and Judicial Magistrate, for search warrant which request was allowed by the court and it was ordered that search shall be made in presence of Nazir/Reader of the court and SHO, P.S.Mirpur Mathelo. It was further observed in the order that the articles were seized under Mashirnama, Photostat of the same was filed by learned counsel for the proposed accused. The seizure report of article is also submitted before the concerned Magistrate. Learned Additional Sessions Judge has observed in his order that in such facts and circumstances petition seeking order for registration of FIR is abuse of process of law.

It is obvious that the material facts were not disclosed by the petitioner in his application moved before learned Ex-Officio Justice of Peace, Ghotki. Nowhere it is mentioned in the application that search was conducted under the orders of the court and in exercise of powers conferred upon the proposed accused, under relevant laws governing PEMRA. It is evident that not only the material facts were concealed from the learned Ex-Officio Justice of Peace but petitioner did not approach the said court with clean hands. If such type of applications moved before Ex: Officio Justice of Peace are allowed then it would be difficult for the official respondents to discharge their statutory duties. From the facts and circumstance of the case it is clear that proposed accused applied to the court of law and after getting proper permission and in presence of Reader of the court conducted raid and petitioner is terming such acts as illegal and articles, recovered are mentioned as stolen articles.

In such circumstances, this petition has no merits and is dismissed in limine with a cost of Rs. 50,000/-. Cost should be recovered from petitioner and shall be paid to proposed accused.

MH/Z-1/Sindh Petition dismissed.