| Citation(s) |
|---|
| 2013 SLG 2097 2013 SLD 2097 2013 PCRLJ 70 |
Sindh High Court
Criminal Miscellaneous Application No. 408 of 2011, decidedon 7th December, 2012. dates of hearing: 25th September,10th and 16th October, 2012
MUHAMMAD ALI MAZHAR, J
M. Ilyas Khan, Aamir Mansoob Qureshi and Kh. Naveed Ahmed for Applicant. Anwar Mansoor Khan and Muhammad Ashraf Samoo for the Proposed Accused. Imtiaz Ali Jalbani, A.P.G. Inspector Chand K. Niazi and SIP Riaz, PS Kalakot, Karachi
Criminal Miscellaneous Application No. 408 of 2011, decidedon 7th December, 2012. dates of hearing: 25th September,10th and 16th October, 2012
MUHAMMAD ALI MAZHAR, J
M. Ilyas Khan, Aamir Mansoob Qureshi and Kh. Naveed Ahmed for Applicant. Anwar Mansoor Khan and Muhammad Ashraf Samoo for the Proposed Accused. Imtiaz Ali Jalbani, A.P.G. Inspector Chand K. Niazi and SIP Riaz, PS Kalakot, Karachi
MUHAMMAD ABDUL RAUF SIDDIQUIVsS.H.O. POLICE STATION, GULBERG, KARACHI and others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-------Ss. 179, 22-A & 561-A---Penal Code (XLV of 1860), S. 295-C---Accused triable in district where act is done or where consequence ensues---Scope---Accused, in the present case, allegedly made blasphemous and derogatory remarks against the Holy Prophet Muhammad (P.B.U.H.) during a press conference, which was broadcast by the electronic media---Complainant filed application under S.22-A, Cr.P.C. before Justice of Peace seeking direction for registration of F.I.R.---Station House Officer submitted his comments in which he stated that press conference was held within the jurisdiction of another police station---Justice of Peace disposed of complainant's application on the ground that he did not have jurisdiction to entertain the same, since press conference was held outside his jurisdiction and that complainant should file an application in the appropriate forum---Complainant contended that press conference was held and broadcast by the electronic media throughout the country, hence, police station in question also had jurisdiction for registration of F.I.R.---Validity---S.179, Cr.P.C. provided that when a person was accused of the commission of any offence by reason of anything, which had been done, and of any consequence which had ensued, such offence might be inquired into or tried by a court within the limits of whose jurisdiction any such thing had been done or any such consequence had ensued---Justice of Peace returned complainant's application by ignoring and overlooking S.179, Cr.P.C.---Station House Officer (SHO) did not mention in his comments filed before Justice of Peace whether he considered S.179, Cr.P.C.---Justice of Peace could have ordered Station House Officer (SHO) in question to record statement of accused in view of S.179, Cr.P.C.---Impugned order of Justice of Peace was set aside with a direction to the Station House Officer (SHO) to record fresh statement of complainant and if any cognizable offence was made out under S.295-C, P.P.C., then to incorporate the same in accordance with S.154, Cr.P.C.---Application was disposed of accordingly. Mst. Bhaitan v. The State and 3 others PLD 2005 Kar. 621;…
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