Case Details

Citation(s)
2014 SLG 1361 2014 SLD 1361 2014 YLR 183
Sindh High Court
C.P. No. S-103 and Criminal Revision Application No.S-86 of 2013, decision dated: 2-08-2013.hearing DATE : 29-07-2013
SADIQ HUSSAIN BHATTI, J

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Mst. SARA

VS

PROVINCE OF SINDH, through Home Secretary, and 3 others

Law:

Section:

Criminal Procedure Code (V of 1898)----Ss.22-A, & 22-B---Constitution of Pakistan, Art.199---Constitutional petition--Petitioners were police officials and allegation against them was that they had kept one person in illegal detention, who was recovered during raid---Ex-Officio Justice of Peace after conducting of inquiry into the guilt directed for registration of criminal case against petitioners--- Validity--- Registration of F.I.R. in respect of cognizable offence was right of aggrieved party given by law---Lodging of F.I.R. against a person meant that there were accusations and he had to clarify satisfactorily; but in case such accusations were proved by way of evidence then he would be culprit---Order passed by Ex-Officio Justice of Peace did not suffer from any legal infirmity---High Court declined to interfere in the order passed by Justice of Peace as the same did not suffer from any illegality---Constitutional petition was dismissed in circumstances. ORDER SADIQ HUSSAIN BHATTI, J.---Since the C.P.No.S-103 of 2013 and Criminal Revision Application under sections 435/439, Cr.P.C. have same common subject-matter, hence I propose to dispose of the C.P. as well as Criminal Revision by this single order. 2. Mst. Sara w/o Khan Muhammad Khaskheli has filed this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, being aggrieved and dissatisfied by the order dated 21-2-2013 passed by Ex-Officio, Justice of Peace (Incharge IInd Additional Sessions Judge, Badin), in Criminal Miscellaneous Application No.78 of 2013, who had received the same by way of transfer from the Court of learned District and Sessions Ridge, Badin. Through that Criminal Miscellaneous Application, applicant Mst. Sara prayed for issuing appropriate directions to S.H.O. Police Station Matli to register the case of the applicant against the proposed accused 1. Muhammad Amin Qureshi S.H.O. Police Station Tando Ghulam Ali, 2. Abdul Ghafoor Khaskheli S.H.O. Police Station Gulab Leghari, 3. Mukhtiar Ahmed son of Wadero Sajjan Khan Khaskheli, 4. Shahnawaz son of Wadero Sajjan Khan Khaskheli and 5. A Police Constable, identifiable, as they had…
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