| Citation(s) |
|---|
| 2011 SLG 1309 2011 SLD 1309 2011 YLR 1768 |
Sindh High Court
Criminal Miscellaneous Application No. S-191 and M.A. No. 1922 of 2010, decision Dated: 21-09-2010.
GHULAM SARWAR KORAI, JUSTICE
Petitioner(s) by: Zulfiqar Ali Sangi
Respondent(s) by: Ather Abbas Solangi No.2.
Criminal Miscellaneous Application No. S-191 and M.A. No. 1922 of 2010, decision Dated: 21-09-2010.
GHULAM SARWAR KORAI, JUSTICE
Petitioner(s) by: Zulfiqar Ali Sangi
Respondent(s) by: Ather Abbas Solangi No.2.
SYED ABBAS ALI SHAH
VS
S.H.O. POLICE STATION MADIAJI DISTRICT SHIKARPUR AND 2 OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 22A(1),22-B,561A
Law: Pakistan Penal Code, 1860
Section: 324
Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(1), 22-B & 561-A---Penal Code (XLV of 1860), S.324---Attempt to commit qatl-e-amd---Order of Ex-officio Justice of Peace to register case---Quashing of order---Application for---Application filed under Ss.22-A(6), 22-B, Cr.P.C. for registration of case had been allowed by Ex-officio Justice of Peace---Accused had challenged said order---Dispute related to shops---Dispute between the parties could be resolved by the civil court---Registration of F.I.R. in the such cases was not approved---Application for quashing of order was allowed and order passed by Justice of Peace was quashed. Rai Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2001 SC 691 and Muhammad Bashir v. Station House Officer, Okara Cantt., and others PLD 2007 SC 539 ref. THIS ORDER PASSED BY: GHULAM SARWAR KORAI, J.--- Application under section 22-A(6)/B, Cr.P.C. was filed by the respondent No.2 in the Court of learned Sessions Judge/Ex-Officio Justice of Peace, Shikarpur for the registration of F.I.R. against applicant and others. The same was allowed vide order dated 16-8-2010 and that order has been challenged by the applicant, one of the proposed accused, before this Court for quashment of the same. The facts of the case are that Shafi Muhammad Shah and Mst. Shahra Zadi are disputing over the shops which are in the occupation of Shafi Muhammad Shah and respondent No.2 being his manager in recovering the rent from the tenants. The respondent No.2 alleged that on 23-6-2010 he was present in his house while at about 2-30 p.m. door of his house was knocked and when he opened the door, applicant allegedly armed with TT Pistol along with others forcibly entered in the house, attacked upon the respondent No.2, gave him lathi blows and then went into the room and broken Almirah and glasses of windows and destroyed the entire room and then made their escape on intervention of the Mohalla people. Learned counsel for the applicant contended that there is dispute between Shafi Muhammad Shah and one lady Mst. Shahra Zadi therefore, Mst. Shahra Zadi filed constitutional petition before this Court at Principal Seat, Karachi vide its…
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