| Citation(s) |
|---|
| 2012 SLG 2660 2012 SLD 2660 2012 YLR 2740 |
Sindh High Court
Criminal Miscellaneous Application No. 218 of 2011, decided on 3rd July, 2012
ABDUL RASOOL MEMON, J
Ahmed Hussain Khoso for Applicant. Ali Raza Pathan, State counsel
Criminal Miscellaneous Application No. 218 of 2011, decided on 3rd July, 2012
ABDUL RASOOL MEMON, J
Ahmed Hussain Khoso for Applicant. Ali Raza Pathan, State counsel
HUBDAR HUSSAIN
VS
S.H.O. POLICE STATION, WALEED and 5 others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ---Ss. 22-A, 22-B, 200 & 561-A---Order for registration of F.I.R. was sought by the complainant (applicant) from Justice of Peace---Police not prepared to accept complainant's version---Civil dispute over monetary transaction--- Accused (respondent) was alleged to have taken cash and mobile phone from the complainant at gun point and also allegedly extending threats of dire consequences---Application filed by complainant before Justice of Peace for registration of F.I.R. was dismissed on grounds that same was filed with mala fide intentions and actual dispute between parties was over some monetary transaction---Validity---Station House Officer (S.H.O.) had stated in clear words that no such incident, as alleged by the complainant, took place and that the dispute between the parties was regarding payment of some amount---Matter between parties appeared to be of a civil nature---Since police authorities were not prepared to accept contentions of the complainant and had found adverse to complainant's case, therefore, it would be appropriate for the complainant to file private complaint before the court of competent jurisdiction---Application was dismissed, in circumstances. Habibullah v. Political Assistant, Dera Ghazi Khan and others 2005 SCMR 951 ref. (b) Constitution of Pakistan--- ---Art. 199---Criminal Procedure Code (V of 1898), S. 200---Constitutional petition---Registration of F.I.R.---Scope---Under the provisions of Art. 199 of the Constitution it was not obligatory for the High Court to issue writ in each case irrespective of the facts and circumstances which could call for exercise of judicial restraint in turning down the request for registration of F.I.R. in view of the conduct of the party besides considering that adequate remedy in the form of private complaint being available to the petitioner. ORDER ABDUL RASOOL MEMON, J.---Through this application, the applicant has impugned the order dated 8-9-2011, passed by learned VI-Additional Sessions Judge/ Justice of Peace, Larkana, whereby he has rejected an application filed by the applicant under sections 22-A and 22-B, Cr.P.C. 2. In his application, the…
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