' GHULAM MUSTAFA MENGAL, J.---This Criminal Revision Petition has been directed against the order dated 18th June, 2010, passed by learned Additional Sessions Judge, Killa Saifullah, whereby respondent No.1 applied to learned Ex-Officio Justice of the Peace, Killa Saifullah under section 22- A, Cr.P.C. For registration of case against the petitioners was accepted and consequently respondent No.2 was directed for registration of F.I.R. In his alleged case.
2. Brief facts of the case as alleged in the complaint are that respondent No.1 is owner of Chromites Mine No.85 consisting upon 325.38 acres, situated at Spali Tor Ghar Ocha Taki, Tehsil Muslim Bagh and is running the same for the last more than four decades. It was further alleged that the Prospecting Licence issued in favour of the petitioners was subsequently converted into Mining Lease, while the petitioners are trying to illegally dispossess the respondent No.1 from the Mines and in this behalf on 15th March, 2010 the respondent No.1 filed an application to the respondent No.2 for taking legal action against the petitioners but in vain. It was further alleged that the petitioners along with other unknown Afghan Refugees equipped with deadly weapons came to the Mines of the respondent No.1 and on gun-point dispossessed the labourers from the Mines by causing injuries to the labourers and Machinery/equipments of the Chromites Mines had been snatched on gun-point. On 12th April, 2010 when the said labourers informed the complainant about the said occurrence, he on 13th April, 2010 by means of application approached the respondent No.2, who delayed the matter on one pretext or the other and lastly he flatly refused to lodge F.I.R. It was further alleged that the respondent No.2 on the contrary with the connivance of the said persons illegally and unlawfully registered F.I.R. No.11 of 2011 on 13th April, 2010, while in respect of the above said Mines a Civil Suit filed by the respondent No.1 has been decreed and the appeal filed by the petitioners has been dismissed by this Court. Thereafter, the respondent No.1 moved an application under section 22-A, Cr.P.C. Before the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Killa Saifullah for issuance of direction to the S.H.O, Police Station, Nasai, District Killa Saifullah for recording of his F.I.R. Against accused persons.
3. After filing of the complaint, the Tehsildar, Muslim Bagh was directed to submit his report, who after inquiry submitted his report before the trial Court on 19th May, 2010. According to Tehsildar respondent No.1 is the owner of the Mine and presently petition between National Bank and Pakistan Chromites is pending before this Court, as such complaint was accepted and direction was made to the respondent No.2 for registration of F.I.R, hence, present petition.
4. Mr. Muhammad Qahir Shah, learned counsel for the petitioners states that the impugned order is non-speaking and there is no incriminating evidence against the petitioners nor the report of Tehsildar connects the petitioners with the commission of offence. He further conten ded that application under section 22-A, Cr.P.C. Was filed by the respondent No. I afterthought and with mala fide intention as such the same was liable to be dismissed.
5. On the other hand Messrs Baz Muhammad Kakar, Muhammad Usman Yousufzai and Faiz Ahmad appearing on behalf of respondent No.1 have strongly opposed the petition and supported the impugned order.
6. I have heard the learned counsel for the parties and with their assistance, used the record minutely.
7. It may be observed here that the respondent No.2 had already incorporated the report of the complainant/respondent No.1 in Roznamcha dated 13th April, 2010. As per record of the case the Assistant Director (Tech) Survey and drawing Branch, Directorate General of Mines and Minerals, Baluchistan has conducted the survey of the granted area of Messrs Ghulam Haider and Sons (respondent) on 15th July, 2009 and submitted his Survey report on 15th August, 2009, which is reproduced as under:-- ' SURVEY REPORT. PURPOSE OF SURVEY ' To demarcate the granted area of Messrs Ghulam Haider & Sons, file No. ML-604(752) covering an area of 325.38 acre of land, vide office Order No. ML-604(752)/ 4008-11, dated 8-7-2009.
' LOCATION OF THE GRANTED AREA.
' The granted area of the party is situated near Saplai Tor Ghar, Muslim Bagh-District Qila Saifullah- ' DATED/DURATION OF THE SURVEY PERIOD ' The demarcation survey was conducted on 15th July, 2009.
' SURVEY TEAM OF MINES AND MINERALS.
' (1) Mr. Naeem Anwer Assistant - Director (S&D)
(2) Ghulam Haider Driver ' TECHNICAL/NON TECHNICAL REPRESENTATIVES OF THE PARTY.
1. Haji Ghulam Haider Representative of the firm.
' Survey Process.
' The undersigned reached on the site along with the revenue and the security staff on 15-7-2009, as the DSP & Tehsildar Khanozai very kindly directed them to accompany the survey team of this office. The representative of the party i.e. M/S Ghulam Haider and Sons was also present on the site.
Soon after the arrival, the survey process was commenced with the help of the GPS & Survey of Pakistan's topo sheet No.34-N/14. The Global Positioning System (GPS) was used to facilitate the demarcation process.
' The position of the boundary line AB of Messrs Ghulam Haider and Sons was ascertained near the disputed mining activity being conducted by Mr. Asimullah son of Noor Muhammad Talib. The position of three chrome mines was also determined with the help of GPS (Global Positioning System), which are being driven by Mr. Asimullah . Son of Noor Muhammad Talib.
' FINDINGS.
' After completion the demarcation process it has been observed that,
(1) Mr. Asimullah son of Noor Muhammad Talib had illegally driven three chrome mines in the vicinity.
(2) The workings of Mr. Asimullah son of Noor Muhammad Talib falls within the boundaries of the granted areas to Messrs Ghulam Haider and Sons and Messrs Pakistan Chrome Mines, which is the clear violation of Balochistan Mineral Rules, 2002.
(3) Mr. Asimullah Son of Noor Muhammad Talib has got no authority to work in this area as he did not possess any prospecting license or mining lease from this office of the Directorate General of Mines and Minerals.
' A sketch showing the position of un-authorized mining activity being carried out by Mr. Asimullah son of Noor Muhammad Talib has been prepared and is submitted with the survey report please.
' Dated 15-8-2009 (Sd.) Naeem Anwer Assistant Director (Tech) Survey and Drawing Branch Directorate General of Mines and Minerals."
' As per findings of the above Survey report, petitioner No.2 (Asimullah son of Noor Muhammad Talib) did not possess any prospecting license or mining lease from the office of the Directorate- General of Mines and Minerals and had illegally working in the area granted to respondent Messrs Ghulam Haider and Sons.
8. It is also appropriate to mention here that the learned Additional Sessions Judge, Killa Saifullah has passed the impugned order as Justice of Peace under section 22-A, Cr.P.C. Which is administrative supervisory order in nature and could not be challenged under sections 435 and 439, Cr.P.C. But same can be challenged under section 561-A, Cr.P.C.
9. For what has been discussed above, I do not see any justification in this Criminal Revision Petition; therefore, the same is dismissed. However, the petitioners can avail remedies within the parameters of the Code of Criminal Procedure if they believe that they are innocent, no case is made out against them, there is no likelihood of their conviction and they deserve acquittal before proper trial Court for which the provisions of section 249-A or 265-K, Cr.P.C. Are available.