2011 P Cr (PLP)

Through this Intra Court Appeal the appellant has impugned the order dated 23-11-2009 passed by the learned Single Judge in Chambers in Writ Petition No.22853 of 2009.

2. The brief facts necessary for disposal of the appeal are to the effect that the appellant filed a petition under sections 22-A and 22-B of the Cr.P.C. against respondents Nos. 3 to 8 before the Additional Sessions Judge/Ex-Officio Justice of Peace, Okara, on 7-11-2009 in respect of an occurrence dated 30-10-2009. It was alleged that respondents Nos. 3 to 8 destroyed the standing crops of the appellant valuing Rs.55,000 and had also cut the trees of the appellant under the garb of fabricated and fictitious report of Dakhal of land. The learned Additional Sessions Judge/Ex-Officio Justice of Peace obtained a report from the concerned S.H.O. (respondent No.2) and in the light thereof dismissed the petition on 14-11-2009. Feeling aggrieved the appellant filed Writ Petition No. 22853 of 2009 before this Court which was dismissed in limine through the impugned order dated 23-11-2009.

3. The appeal had initially been filed without impleading the accused persons i.e. respondents Nos. 3 to

8. The appellant was allowed to amend the appeal through order dated 27-4-2010.

4. The amended appeal has been heard and record perused with the assistance of the learned counsel for the appellant.

5. The learned counsel for the appellant has been unable to point out any illegality or excess of jurisdiction having been committed by the learned Single Judge in Chambers. The impugned order dated 23-11-2009 has been passed after having gone through the record of the case and after appreciating the circumstances obtaining in respect of the alleged occurrence. It has peen observed in the impugned order that the appellant was an illegal occupant of the land in question and his revision had been dismissed from the Board of Revenue, Punjab. The appellant had been dispossessed from the land by the Revenue Authorities and the standing crops had been taken into possession. In view of this situation the learned Single Judge did not feel inclined to intervene in writ jurisdiction. Reliance was placed by the learned Single Judge on a decision of the Hon'ble Supreme Court of Pakistan reported as Muhammad Bashir v. Station House Officer, Okara Cantt. and others (PLD 2007 SC 539) wherein although it has been held that under section 154 of the Cr.P.C. the Station House Officer of a Police Station is under a legal obligation to register an F.I.R. whenever an allegation regarding commission of a cognizable offence is levelled before him, yet at the same time in paragraph 41 of the said judgment it has been observed that this Court in the matters of ordering registration of an F.I.R. has a discretion whilst exercising constitutional jurisdiction. Following the said precedent the learned Single Judge in Chambers did not feel inclined to intervene in writ jurisdiction given the fact that the appellant had not approached this Court with clean hands and the very basis of his allegations appear to have been shaky and unreliable, and that the appellant has an adequate alternative remedy by way of filing a private complaint in respect of the allegations being levelled by him against respondents Nos.3 to

8. Under the circumstances we do not find any force in this appeal and the same is dismissed in limine. M.H./N-89/L Intra Court Appeal dismissed.