Case Details

Citation(s)
2012 SLG 2520 2012 SLD 2520 2012 YLR 2186
Balochistan High Court
Criminal Revision No. 76 of 2010, decided on 7th February, 2012. DATE of hearing: 12th December, 2011
GHULAM MUSTAFA MENGAL, J
Muhammad Qahir Shah and Muneer Agha for Petitioners. Baz Muhammad Kakar, Muhammad Usman Yousafzai and Faiz Ahmed for
Respondent No. 1. Abdul Karim Malghani for
Respondents

SAMIULLAH and 5 others

VS

Haji GHULAM HAIDER and 2 others

Law:

Section:

Criminal Procedure Code (V of 1898)--- ---Ss.22-A, 435, 439 & 561-A---Comp-lainants (respondents) filed application under section 22-A, Cr.P.C against the accused persons (petitioner) alleging that the latter tried to illegally dispossess the complainants from their mines---Justice of Peace gave directions to the Tehsildar concerned to lodge an F.I.R. against the accused---Validity---Survey report of the Mines and Minerals Authority revealed that the accused persons did not possess any prospecting licence or mining lease from the Authority and had illegally worked in the area granted to the complainant---Impugned order had been passed by the Justice of Peace under S.22-A, Cr.P.C, which order was administrative/supervisory in nature and could not be challenged by the accused persons under the petition under Ss. 435 & 439, Cr.P.C, but same could be challenged under S. 561-A, Cr.P.C---Revision petition was dismissed, in circumstances. JUDGMENT 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…
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