2012 Y L R 2186
[Balochistan]
Before Ghulam Mustafa Mengal, J
SAMIULLAH and 5 others ---Petitioners
Versus
Haji GHUL AM HAIDER and 2 others ---Respondents
Criminal Revision No.76 of 2010, decided on 7th February, 2012.
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 agains t 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 t he
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 w as dismissed, in
circumstances.
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.
Date of hearing: 12th December, 2011.
JUD GMENT
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 t he 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 Prospec ting 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 a pplication 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 th e 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 b een 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 regis tration 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.1 afterthought and with mala fide intention; as such the same was liable to be dismissed.
5. On the other ha nd 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 assistan ce, 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 a nd 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 reproduc ed 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 G RANTED 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 arriva l, the survey process was commenced with the help of
the GPS & Survey of Pakistan's topo sheet No.34 -N/14. The Global Posi -tioning System
(GPS) was used to facilitate the demarcation process.
The position of the boundary line AB of Messrs Ghulam Haider a nd 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. As imullah 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. Asimulla h 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 b y 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 f indings 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 grante d
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 sup ervisory 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; ther efore, 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.
M.W.A./40/Q Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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