Law: Criminal Procedure Code (V of 1898)

Section: 200,342,561A

Law: Pakistan Penal Code, 1860

Section: 34,109,392

(a) Criminal Procedure Code (V of 1898)--- ----S. 200---Examination of complainant---Duty of Court---Court had to apply its own mind and to pass an appropriate order based upon some material and there must be some reasons for agreement or disagreement with the complainant---Purpose of submission of report was to scrutinize the matter at the first instance and not only to forward the same or to act as a post office, because report of police submitted with the court was not binding upon it--Court had to be conscious at the time of passing of the order looking at the interests of the parties and such type of orders were not appropriate to be passed by court. (b) Criminal Procedure Code (V of 1898)--- ---Ss. 561-A & 200---Application under S.561-A,Cr.P.C.---Scope---Applicant, in the present case, had filed a direct complaint on same facts and cause of action and had appeared himself upto the level of Supreme Court---Powers under S.561-A, Cr.P.C. were to be used in special circumstances and not in each and every case----Once matter is decided and order passed by Supreme Court, same attained finality and direct complaint, under S.200, Cr.P.C. was sub judice before the competent court of law for final arguments, matter therefore would not be reopened on same facts and cause of action---Applicant also suppressed entire facts--Law did not support the litigant having unclean hands---Petition under S.561-A,Cr.P.C. was dismissed in circumstances. Jamshed Ahmad v. Muhammad Akram Khan and another 1975 SCMR 149; Bahadur and another v. The State PLD 1985 SC 62; Hasan Din v. Muhammad Mushtaq and 2 others 1978 SCMR 49; Abdur Rashid v. Pakistan and others 1969 SCMR 141 and Shahadat Ali v. Mubarik Shah and another PLD 1986 SC 347 ref. THIS ORDER PASSED BY: GHULAM DASTAGIR A. SHAHANI, J.--- The Applicant Nawab Ferozuddin through present Criminal Miscellaneous Application has only prayed for setting aside of the order, dated 5-1-2007 passed by VIII-Civil Judge/Judicial Magistrate, Karachi South, whereby, he disposed of F.I.R. No.494 of 2005, Police Station Preedy under sections 392/109/34, P.P.C. in A-class, on the request of Investigation Officer. Hence this Criminal…

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