| Citation(s) |
|---|
| 2012 SLG 2658 2012 SLD 2658 2012 YLR 2736 |
Sindh High Court
Criminal Miscellaneous Application No. S-227 of 2012, decided on 14th June, 2012
NAIMATULLAH PHULPOTO, J
Aijaz Ali Maitlo for Applicant. Liaqauat Ali Maitlo and Riaz Ali Maitlo for the proposed accused. Zulfiqar Ali Jatoi D.P.G. for the State
Criminal Miscellaneous Application No. S-227 of 2012, decided on 14th June, 2012
NAIMATULLAH PHULPOTO, J
Aijaz Ali Maitlo for Applicant. Liaqauat Ali Maitlo and Riaz Ali Maitlo for the proposed accused. Zulfiqar Ali Jatoi D.P.G. for the State
PERVEZ ALI
VS
S.H.O. POLICE STATION, AHMEDPur and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 561-A---Power of Justice of Peace to issue directions for registration of F.I.R.---Scope---Complainant (applicant) filed application under Ss. 22-A & 22-B, Cr.P.C before Justice of Peace, alleging therein that he had a dispute with the accused over arrears from the sale of a motorcycle because of which the accused and co-accused forcibly stopped the complainant, attempting to murder him and also snatched from him cash, mobile phone and a gold ring---Said application of the complainant was dismissed by the Justice of Peace on the grounds that dispute between the parties was over transaction of a motorcycle and it appeared that application was filed with mala fide intention---Validity---Justice of Peace was to examine whether the information disclosed by the complainant did or did not constitute a cognizable offence and if it did, then to direct the concerned Station House Officer (S.H.O) to record an F.I.R. without going into the veracity of the information in question---Reasons assigned by the Justice of Peace for declining to issue directions to the Station House Officer (S.H.O) for registration of case were contrary to the principles of law---Even if the dispute between the parties was over a money transaction, the Station House Officer (S.H.O) was legally bound to register the F.I.R. in case a cognizable offence was made out---Complainant had categorically stated that the accused snatched cash, mobile and other articles from him---Application was allowed, impugned order of Justice of Peace was set aside with directions to the Station House Officer (S.H.O) to record the statement of the complainant in case a cognizable offence was made out. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 rel. ORDER NAIMATULLAH PHULPOTO, J.---By this Criminal Miscellaneous Application under section 561-A, Cr.P.C. the application Pervez Ali Maitlo has impugned order dated 18-4-2015 passed by the learned IIIrd Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur Mir's whereby the application under sections 22-A and 22-B, Cr.P.C. filed by the applicant for registration…
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