MRS. ASHRAF JAHAN, J.---The Applicant has challenged the order dated 30.12.2017 passed by the I- Additional Sessions Judge/ Ex-Officio Justice of Peace Malir Karachi, in Criminal Petition No.1123/2017, whereby his application under section 22A, Cr.P.C., was dismissed.
2. The facts leading to the present petition are that the Petitioner used to reside in House No.123, Sector B, Sadat Amroha Society, Scheme No.33, Karachi, along with his family since last 10 years. The litigation between the Petitioner and Sadat-e-Amroha Society was going on in respect of above property, lastly Society filed an execution application before the executing Court, which was allowed vide order dated 31.8.2016. The Petitioner, at that time, was in jail due to false FIR No.262/2016 registered by the Society against him. The residential house of the Petitioner, without any order of the executing Court, was demolished by the proposed Accused persons and valuable goods were thrown away and in this way a loss to the tune of Rs.3.00 crore was caused to him. The Petitioner repeatedly approached the SHO Police Station Malir to record his statement under section 154, Cr.P.C., but he was reluctant, to do so, therefore, application under section 22A, Cr.P.C., was moved which was dismissed on 31.12.2017. Hence the present petition is filed against the impugned order.
3. Notice of this petition was given to the Respondents Nos.1 to 5, who filed their reply wherein they have taken the plea that Petitioner is in habit of making false and frivolous applications/ petitions against the proposed Respondents. The fact is that Petitioner had encroached and trespassed upon three commercial plots Nos.1, 2 and 3, situated at Sadat e-Amroha Cooperative Society, Sub-Sector B, Sector 37-A, KDA Scheme No.33, Karachi since the year 2007 thereafter proceedings against him by the above referred Society were initiated.
Whereupon Petitioner filed an Arbitration Case ABN No.93/2006 against the Society, which was decided vide order dated 20.4.2007 by the Court of Registrar's Nominee at Karachi. Being aggrieved by the said order an Appeal No.30/2007 before the Court of Registrar, Cooperative Society Sindh Camp was filed by the Society which was decided in their favour -vide order dated 13.7.2009 and the Petitioner was directed to remove his unauthorized and illegal construction, but the Petitioner, instead of complying with the above order, filed C.P.
No.D-1562/2009 along with C.Ps. Nos.D-315 and 1698 of 2009 before this Court against the order dated 13.7.2009 passed by the Court of Registrar Co-operative Society. Even the Petitioner, in his petition, took the false and fabricated plea that the said Society has withdrawn its Appeal No.30/2007. Not only this but he filed a false and fabricated order dated 27.3.2009 to the effect of alleged withdrawal, which was specifically denied and not verified by the Registrar in his comments filed before the Court. Besides, on different dates, he also filed incorrect and fabricated statements, false and frivolous applications during the pendency of above referred petitions in High Court. The Petitioner also created hindrances in the proceedings of execution application pending against him and tried to misguide and mislead the Court. Not only this, in C.P. No.D-2298/2014, the Petitioner committed forgery and manipulation in the orders of Hon'ble High Court and when the said forgery was pointed out, he managed to steal the cast file, but was caught red-handed. Consequently, FIR No.262/2016 under sections 380/420/468/471/34, P.P.C., was lodged by the Registrar of Hon'ble High Court and the Hon'ble Court, in its judgment passed in C.P. No. D-2298/2014, also observed that Petitioner is a habitual blackmailer and his above petition was dismissed with costs of Rs.50,000/=. However, the application under section 22-A, Cr.P.C., filed before the Court of Session was dismissed after hearing the relevant parties on merit.
4. I have heard learned Counsel for both the parties.
5. It is contended by learned Counsel for the Petitioner that an application under section 22-A, Cr.P.C. was filed before the Court of I-Additional Sessions Judge/Ex-Officio Justice of Peace Malir, Karachi, but the same was dismissed without giving any legal justification. Per learned Counsel the executing Court has never passed any order for demolition of the built-up house but it were only the proposed Accused Nos.1 to 5 who demolished the entire house without any order of the Court and thus in this way they have committed an offence under sections 420/468/471/460/506B, P.P.C., for which they were liable to be punished in accordance with law but on dismissal of application of the Petitioner no FIR could be lodged and in this way great loss has been caused to the Petitioner. It is further contended that after the dismissal of Misc. Application by the I-Additional Sessions Judge, Malir the proposed Accused persons continued to harass, humiliate and kept on issuing threats of dire consequences of murder to the Petitioner, therefore, present petition may be allowed to meet the ends of justice.
6. On the other hand, it is contended by the learned Counsel for the Respondents that the order dated 23.12.2017 does not call for any interference by this Court as it has been passed in accordance with law. The present Petitioner is habitual blackmailer, who illegally encroached upon three plots of Sadat-e-Amroha Society and was occupying the same without any legal justification. During the execution proceedings such possession was recovered, therefore, the proposed Respondents have not committed any illegality. In support of his contention learned Counsel appearing for the Respondents have relied upon following case law:- Imtiaz Ahmed Cheema v. SHO (2010 YLR 189), Younus Abbas, v. Additional Sessions Judge (PLD 2016 SC 581) and Muhammad Khan v. Province of Sindh (2018 MLD 142).
7. Learned State Counsel fully supported the impugned order dated 30.12.2017 and submitted that the present petition, being devoid of merits, is liable to be dismissed.
8. I have considered the arguments and perused the case record.
9. Perusal of record reveals that the Petitioner and Sadat-e-Amroha Society have a long history of litigation, which is admitted by both sides. Since by way of the present petition the Petitioner has challenged the order dated 30.12.2017, therefore, I will mainly focus upon the legality of the said order. It is pertinent to mention that learned Counsel appearing for the Petitioner failed to point out any illegality or irregularity in the said order in which litigation between the two parties has been discussed in detail. Main contention of the learned Counsel for Petitioner is that his application for lodging the FIR should have been allowed.
10. It is an admitted position that in between both the parties civil dispute over property of Sadat-e-Amroha Society remained pending for over a decade and finally the executing Court of II-Senior Civil Judge Malir passed orders on 25.5.2017 whereby execution application was disposed of as satisfied. Such order of executing Court dated 25.5.2017 was never challenged by the present Petitioner but he only insisted upon lodging of FIR against the Respondents. When the application under section 22A, Cr.P.C. was dismissed by the Court of I-Additional Sessions Judge/Ex-Officio Justice of Peace for valid reasons, option was still available to the present Petitioner to file private complaint but such option was also not availed by him and instead he moved the present petition against the Respondents. The perusal of impugned order goes to show that it covers all legal and factual aspects of the dispute, therefore, it requires no interference.
11. Accordingly, instant petition was dismissed vide short order dated 19.11.2018 and these are the reasons for the same.