2011 P Cr (PLP)

SYED HASAN AZHAR RIZVI, J.

The applicant has filed the present Criminal Miscellaneous Application, thereby challenged the order dated 24-5-2010 passed by IInd Additional Sessions Judge/Justice of Peace Sukkur in Criminal Miscellaneous Application No.319 of 2010 whereby dismissing the applicant's application under sections 22-A and 22-B, Cr.P.C. I have heard Mr. Qurban Ali Malano learned counsel for the applicant and Mr. Syed Sardar Ali Shah A.P.-G. for the State. Mr. Qurban Ali Malano learned counsel for the applicant submits that the applicant is resident of village Chancsar Mahar situated in S.No.882 Taluka Salehpat which consisted 'upon 200/250 houses. He further submits that 12-5-2010 at about 10-00 a.m. the petitioner, his family members and other inhabitants of the village were present in their houses situated in Chanesar Village when all of a sudden Aitzaz Hassan Goraya D.P.O. Sukkur leading his subordinate staff having service arms in their hands in uniforms and 7/8 police mobiles and 2 Baktar Band vehicles, along with private persons whose names are mentioned in the application all residents of Salehpat came at their village. Seeing the police party and the private persons in police mobiles and private vehicles, the villagers of Chanesar Mahar came out from the houses and met with Aitzaz Hasan. The learned counsel for the applicant submits that Aitzaz Hassan D.P.O. Sukkur asked the villagers, that he has instruction to get vacated the land and asked the applicant and other villagers to vacate their houses and when the villagers expressed their inability to vacate their houses without any notice or information, on which the Police Office got infuriated and he directed the police personnel to arrest the villagers on which all the police officials forcibly entered into the houses and robbed/took 25 Iola gold ornaments and Rs.80,000 cash from the house of the applicant and other houses of applicant's relatives and also asked the private persons to eject the villagers, dispossess them and remove their houses. It is further alleged by the applicant's counsel that the police party caused injuries to the villagers including the ladies. The applicant after incident along with the injured approached to the concerned police for providing letters for medical treatment but they were not issued such letters, resultantly the applicant filed Criminal Miscellaneous Application No. 319 of 2010 seeking direction to police official to provide for medical treatment and registering F.I.R. against the accused persons and on the direction of court Medical Officer, Taluka Hospital Rohri provided medical treatment and issued medical certificates. Photo copies of the same have been enclosed along with the present application. The applicant's Criminal Miscellaneous Application No. 319 of 2010. filed before Sessions Judge/Justice of Peace for registration of F.I.R. against the persons involved in the matter was dismissed by the learned IInd Additional Sessions Judge Sukkur vide order dated 24-5-2010, therefore the applicant filed the present Criminal Miscellaneous Application before this Court. The learned counsel for the applicant argued that the impugned order is illegal, unwarranted and not maintainable under the law. The learned counsel for the applicant further argued that cognizable offence has been committed by the accused persons, therefore the F.I.R. should have been recorded. He submits that the applicant approached the court of Sessions Judge/Justice of Peace but his application has been dismissed illegally. On the other hand Mr. Syed Sardar Ali Shah learned A.P.-G. while controverting the arguments of learned counsel for the applicant supported the impugned order and submits that the same is speaking and in accordance with law. The court has called report from the D.P.O Sukkur and E.D.O. (Revenue) and thereafter passed a detailed and speaking order. In the instant case statements have been filed by S.H.O. Police Station Salehpat respondent No.2 along with supporting documents. In the statement he has stated that on 10-5-2010 F.I.R. No.56 of 2010 was registered by Muhammad Raheem Khoso Tapedar of Salehpat under sections 447 and 448, P.P.C. under the direction of Mukhtiarkar Salehpat regarding illegal encroachment upon government land and on 12-5-2010 the police party headed by S.P.O. Rohri proceeded to cause arrest of accused persons nominated in the F.I.R. When the police reached at Deh Chak No.5 Salehpat all of a sudden huge number of accused persons duly armed with deadly weapons attacked upon the police party in order to kill the police party with the result A.S.-I. Nazir Hussain Simair, A.S.-I. Abdul Rauf Gujjar, H.C. Noor Khan, P.C. Rehim Dil, P.C. Menho Khan and P.C., Ghulam Mustafa received grievous injuries, thereafter the accused persons forcibly snatched two magazines of G-3 loaded with 40 bullets from P.C. Ghulam Muhammad and also caused damage of official vehicles No.SP-5674. SP-6338 and SP-9774. As such F.I.R. No.58 of 2010 under sections 395, 148. 149, 114, 353, 324, 337-H(1), 337-F(i), 506/2, 427, P.P.C. read with section 7, ATA was lodged by A.S.-I. Nazeer Hussain Simair at Police Station Salehpat against 39 nominated accused including the applicant and 40/50 unidentified persons. It is also argued by the learned A.P.-G. that in order to pressurize the police, the applicant and the relatives of the applicant who had illegally encroached upon the government land filed the application under sections 22-A and 22-B, Cr.P.C. for registration of F.I.R. as well as application before this court. The learned A.P.-G. has relied upon the cased of Bhoran Khatoon v. The State (1999 PCr.LJ 1532), Muhammad Arshad Jameel v. S.H.O. Police Station Muzaffargarh, Multan and others (2010 YLR 911) and Imtiaz Ahmed Cheema S.H.O. v. S.H.O. Police Station Daharki and 2 others (2010 YLR. 189). I have considered the arguments advanced by the learned counsel for the applicant as well as learned A.P.-G. for the State, perused the record and examined the case-law cited during the course of arguments by the counsel. It is an admitted position that the police under the command of D.P.O. Sukkur took action against the encroachers. In the reports and statements available on record it is established that there had been encroachment upon the government land and the police party went to the site for removal of the encroachment after due process of law but the encroachers and the inhabitants of the area including the applicant and his relatives in order to pressurize the police attacked upon the police party, caused grievous injuries to police officials while performing their official duty, snatched official weapons from police party and damaged the official vehicles of the police party. The police registered the cases and in order to pressurize the police to restrain them from their legal duty. The applicant filed the Criminal Miscellaneous Application before the Sessions Court/Justice of Peace and after dismissal of the same tiled the present application before this Court. In the case of Imtiaz Ahmed Cheema v. S.H.O. Police Station Daharki (Supra) his lordship Mr. Justice Amir Hani Muslim observed that provisions of section 22-A, Cr.P.C. had been misused in a number of cases. Wisdom of legislature was not that any person who in disharge of duty takes action against accused would be subjected to harassment by invoking provisions of section 22-A, Cr.P.C. but should have applied its mind as to whether the applicant had approached the court with clean hands or it was tainted with malice. Unless such practice was discouraged it would have far-reaching effect on the Public Officers who in discharge of duties take actions against them. Law had to be interpreted in the manner that its protection extends to every one. Order of Justice of Peace was passed in the present case in mechanical manner and approaching of complainant to the Justice of Peace reflected that it was tainted with malice. It would be open to the complainant to file direct complaint against applicant if so directed. Impugned order was set aside in the circumstances. In the present case the learned IInd Additional Sessions Judge has passed a well-speaking order and has dismissed the application of applicant by the impugned order dated 24-5-2010 and has rightly observed that the applicant has not come before the court with clean hands. Since the applicant has not come with clean hands before the court and has tried to register the F.I.R. against the police officials in order to pressurize them. The applicant's hands prima facie are not clean and it is tainted with malice. The case relied upon by the learned A.P.-G. are relevant. There is no infirmity, illegality or irregularity in the impugned order passed by the learned IInd Additional Sessions Judge Sukkur dated 24-5-2010 in Criminal Miscellaneous Application No.391 of 2010, I therefore maintained the impugned order and dismissed the present Criminal Miscellaneous Application by my short order dated 7-12-2010 and these are the reasons for the same. H.B.T./D-10/K Application dismissed.