| Citation(s) |
|---|
| 2014 SLG 604 2014 SLD 604 2014 MLD 1289 |
Lahore High Court
Writ Petition No. 28334 of 2013, decided on 12-02-2014.
MISS AALIA NEELUM, JUSTICE
Mehar Ahmad Bakhsh Bharwana for Petitioner.
Writ Petition No. 28334 of 2013, decided on 12-02-2014.
MISS AALIA NEELUM, JUSTICE
Mehar Ahmad Bakhsh Bharwana for Petitioner.
MST. SALLA
VS
DISTRICT POLICE OFFICER, SARGODHA AND 7 OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Constitution of Pakistan, Art.199---Constitutional petition---Allegation of police torture to son of petitioner---Order of Justice of Peace for registration of case---Petition for setting aside said order---Petitioner had prayed for setting aside order, whereby Justice of Peace had directed that on receipt of report of judicial inquiry; and that of re-examination of dead body by way of exhumation, complainant would be at liberty to file private complaint regarding alleged occurrence---Application of the petitioner for registration of a criminal case against respondents/Police Officials, was dismissed---Validity---Medical examination of son of the petitioner regarding alleged Police torture was not conducted---Petitioner had also not made any effort for getting her said son medically examined---Facts and circumstances had shown that the petitioner wanted to involve the Police Officials in the case of her son's murder just to save skin of her other son, against whom criminal cases were registered---Petitioner had failed to point out any illegality or irregularity in the impugned order---Impugned order of the Justice a Peace, not calling for any interference, petition being without merits, was dismissed, in circumstances. THIS ORDER PASSED BY: MISS AALIA NEELUM, J.--- Through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for setting aside the order dated 7-10-2013, whereby the learned Additional Sessions Judge, Sargodha has directed that on receipt of report of judicial inquiry and that of re-examination of deceased body, by way of exhumation through Medical Board, complainant will be at liberty to file private complaint regarding alleged occurrence, if she so desired and the application of the petitioner for registration of a criminal case against respondents Nos.2 to 7 was dismissed. 2. The learned counsel for the petitioner has contended that the learned ASJ has passed the impugned order without application of judicious mind; that the learned ASJ did not take into consideration the material placed before the Court…
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