2013 PLP 1302 (YLR)

AHMED ALI M. SHEIKH, J.

This criminal miscellaneous application is directed against the order dated 31-3-2011, passed by learned Sessions Judge/Justice of the Peace, Ghotki in Criminal Miscellaneous Application No. 295 of 2011, whereby learned Sessions Judge/ Justice of the Peace dismissed the application filed under section 22-A(6), Cr.P.C, by the applicant. Learned counsel for the applicant has contended that the applicant was in peaceful possession and enjoyment of a plot and by spending huge amount he construc-ted the house. However, on 5-2-2011, proposed accused including Zahid Abbassi, DCO, Ghotki, Nasrullah Shaikh, TMA Ghotki, Abdul Qadir Soomro, DDO, Ghotki, Ghulam Hyder Kalhoro, Mukhtiarkar Taluka Ghotki entered into his house and after giving him beating dispossessed him from his lawful property and also took away valuable household articles and later on demolished his house, as such they have committed the cognizable offence, but such aspect was not considered by learned Sessions Judge/Justice of the Peace while dismissing the application moved under section 22-A(6), Cr.P.C. He further contended that in case S.H.O./ Incharge duty officer receives information constituting cognizable offence, in that eventuality he is under obligation to reduce the same in 154, Cr.P.C. book, but that mandatory provision was also misconstrued by learned Sessions Judge/ Justice of the Peace. Conversely, A.P.-G. for the State and learned counsel for the proposed accused defended the impugned order and contended that the applicant is encroacher as he has occupied the valuable and precious government land situated in the heart of city, as such proposed accused. were duty bound to remove such illegal and unlawful encroachment. It appears that on 3-5-2012 with the consent of learned counsel for the applicant, Mr. Sanaullah Abbasi, DIG, Police Hyderabad was appointed as Inquiry Officer with directions to conduct an inquiry in the matter and submit his report. Pursuant to that order, DIG, Police Hyderabad submitted his report which is available in the file. Perusal of the same would stipulate that the DIG Police Hyderabad constituted a committee headed by Syed Pir Muhammad Shah, SSP, Sukukr and two members Mufakher Adeel, ASP Qambar and Amjad Hayat, ASP City Sukkur. In its findings, committee has concluded that the allegations levelled by the applicant have no legs. TMA officials have removed illegal encroachment as the applicant had occupied the property of District Council, Ghotki. Neither the applicant could furnish any proof with regard to his ownership over the plot in question nor any allotment order was produced. The committee further observed that since the applicant and others were dispossessed from the government plot, therefore, applicant moved application under section 22-A(6), Cr.P.C., for registration of F.I.R. against Administrator, TMA, Ghotki, DCO, Ghotki, Mukhtiarkar Ghotki and other officials. Even from the proceedings, it appears that the applicant had occupied government plot without any lease or allotment order and the proposed accused had removed the same which caused annoyance to the applicant and he moved application for registration of F.I.R. against them. In view of the inquiry report and pleadings, it appears that the applicant is bent upon to fix the proposed accused i.e. DCO, TMO, Mukhtiarkar and other functionaries with the sole object to teach them a lesson. In this background, I do not encourage such practice of issuing directions to the police for registration of case against State functionaries as this will not only shatter their confidence but also restrict their independence in discharging their official duties as well as affect their performance. For the forgoing reasons, the instant Criminal Miscellaneous Application was dismissed being meritless by a short order dated 27-8-2012. MWA/F-31/K Application dismissed.