Case Details

Citation(s)
2014 SLG 2416 2014 SLD 2416 2014 PCRLJ 240
Balochistan High Court
Criminal Quashment Petition No. 367 of 2012, decided on 30th July, 2013. DATE of hearing: 23rd July, 2013
MUHAMMAD HASHIM KHAN KAKAR, J
Mushtaq Ahmed Anjum for Petitioner. Miss Sarwat Hina, Additional Prosecutor-General along with SI/SHO along with Din Muhammad Barech for the State.
Respondents Nos.3 and 4 in person

ABDUL KARIM

VS

The S.H.O. SARIAB POLICE STATION QUETTA and 3 others

Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 22-A & 561-A---Inherent powers of High Court---Second F.I.R.---Scope of S.22-A, Cr.P.C.---Ex-Officio Justice of Peace dismissed application filed by petitioner for registration of second F.I.R.---Validity---No embargo existed with regard to registration of second F.I.R. in respect of different version given by aggrieved party of the same occurrence---Only impediment was that second F.I.R. should not contain facts for mere amplification of first version---No hard and fast rules or principles could be laid down as to when second F.I.R. could or should be recorded---Provisions of S.22-A, Cr.P.C. were limited only to the extent of directing concerned authorities to register criminal case---At the time of first information report, proposed accused persons named in complaint had no right of hearing---High Court set aside the order passed by Ex-Officio Justice of Peace and remanded the matter for decision afresh---Petition was allowed accordingly. Mrs. Ghanwa Bhutto v. Government of Sindh PLD 1997 Kar. 119; Wajid Ali Khan Durani v. Government of Sindh 2001 SCMR 1556 and Muhammad Bashir v. Station House Officer, Okara Cantt. PLD 2007 SC 539 ref. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, J.---Through this criminal miscellaneous quashment petition under section 561-A of the Criminal Procedure Code, 1898 (Cr.P.C.), petitioner Abdul Karim son of Payo Khan, seeks order dated 19th July, 2011 (the "impugned order") passed by the learned Additional Sessions Judge-VI, Quetta (the "trial Court") to be declared as illegal, void and of no legal consequence, whereby an application under section 22-A of the Cr.P.C. filed on behalf of petitioner was dismissed with the following observations:-- "The applicant himself admits that the police has lodged F.I.R. No.72 of 2011 about the occurrence dated 25-4-2011 in which the applicant and other persons received injuries. In respect of the alleged occurrence the challan has been submitted in the court of Additional Sessions Judge-IV and case is under trial. According to SHO Sariab, the statement of the applicant under section 161, Cr.P.C. has been recorded and the medical legal certificate of the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492