Case Details

Citation(s)
2013 SLG 2110 2013 SLD 2110 2013 PCRLJ 168
Sindh High Court
Constitutional Petition No. S-2566 of 2012, decided on 9th October, 2012. DATE of hearing: 28th September, 2012
NADEEM AKHTAR, J
Mushtaque Ahmed Shahani for Petitioner. Ayaz Hussain M. Solangi for Proposed Accused Nos.1 to 3. Liaquat Ali Shar, Additional Advocate-General

MUHAMMAD FAZUL

VS

The PROVINCE OF SINDH through Home Secretary, Karachi and another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------Ss. 22-A, 22-B & 154---Justice of Peace, power of---F.I.R., registration of---Procedure---For cognizable offence, complainant has to approach officer-in-charge of such police station under whose jurisdiction offence is said to have been committed---Officer-in-charge of concerned police station has no authority to refuse to record complainant's statement and/or to refuse to register F.I.R. on his complaint---When concerned officer-in-charge fails or refuses to record complainant's statement and/or to register his F.I.R., then complainant has to approach Justice of Peach under section 22-A, Cr.P.C.---On such complaint/application, if Justice of Peace forms his independent opinion from facts narrated to him by complainant that cognizable offence has been made out, the Justice of Peace is bound to issue a direction to concerned Station House Officer for recording of F.I.R. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539; Mst. Bhaitan v. The State and 3 others PLD 2005 Kar. 621 and Salah-ud-Din Khan, S.H.O. and 2 others v. Noor Jehan and another PLD 2008 Pesh. 53 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 154---Constitution of Pakistan, Art. 199---Constitutional petition---Alternate remedy---F.I.R., registration of---Procedure---Grievance of petitioner was that he approached duty officer of concerned police station for lodging of F.I.R. but no action was taken on his complaint---Validity---Petitioner did not file any application/complaint before Justice of Peace against non-registration of his complaint/F.I.R.---Petitioner failed to avail alternate remedy, which was not only an efficacious and adequate remedy but was the only remedy available to him under law---Plea of recovery of stolen cattle and articles was also not maintainable under Constitutional jurisdiction of High Court and petitioner could approach Justice of Peace regarding his complaint---Petitioner could initiate proceedings in accordance with law for recovery of his stolen cattle and articles---Petition was dismissed in circumstances. Mst. Anwar Begum v. Station House Officer, Police…
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