| Citation(s) |
|---|
| 2013 SLG 2106 2013 SLD 2106 2013 PCRLJ 144 |
Sindh High Court
Constitution Petition No. S-3029 of 2011, decided on 18th September, 2012
NADEEM AKHTAR, J
Shaikh Amanullah for Petitioners. Nisar Ahmed Bhanbhro for
Respondents Nos.2 and 3. Abdul Ghaffar Memon, State Counsel
Constitution Petition No. S-3029 of 2011, decided on 18th September, 2012
NADEEM AKHTAR, J
Shaikh Amanullah for Petitioners. Nisar Ahmed Bhanbhro for
Respondents Nos.2 and 3. Abdul Ghaffar Memon, State Counsel
MUHAMMAD HASSAN
VS
STATION HOUSE OFFICER, POLICE STATION GAMBAT, DISTRICT KHAIRPur and 3 others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-------S. 154---Sindh Irrigation Act (VII of 1879), Ss. 61 & 62---Constitution of Pakistan, Art. 199---Constitutional petition---Petitioner sought through constitution petition direction for registration of F.I.R. without first approaching the Station House Officer and further direction to the accused persons to pay compensation/damages for mental torture and injury to his reputation---Maintainability---Complainant (petitioner) alleged that accused persons (respondents) had lodged a false case against him under Ss.61 and 62 of the Sindh Irrigation Act, 1879, which case was disposed of in 'C' class by the Magistrate; that in fact the offence was committed by the accused persons in collusion with each other, therefore direction should be issued for registration of F.I.R. against them and they should also be directed to pay the complainant/petitioner for injury to his reputation and for causing him mental torture---Validity---Petitioner admitted that he never approached the Station House Officer for recording of his statement or for registering/lodging of complaint---Without approaching the concerned Station House Officer and thereafter without approaching the Justice of Peace in case of refusal by the said Station House Officer, the petitioner could not file the present constitutional petition---Constitutional petition was not maintainable as directions sought by petitioner, including that of damages, could not be granted under constitutional jurisdiction of the High Court---Constitutional petition was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Cognizable offence---Registration of F.I.R.---Station House Officer (SHO), duty of---In case of cognizable offence the complainant had to approach the Officer in charge of such police station under whose jurisdiction offence was said to have been committed---Officer in charge of the concerned police station or anyone else had no authority to refuse to record complainant's statement and/or to refuse to lodge an F.I.R. (c) Criminal Procedure Code (V of 1898)--- ----S. 22-A--- Justice of Peace--- Power to issue directions for registration of…
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