Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 154

Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), S. 154---Constitutional petition--- Alternate remedy---F.I.R., non-registration of---Grievance of petitioner was that police did not register F.I.R. on his complaint---Validity---Though concurrent powers were conferred in Sessions Judge and High Court as Justice of Peace by virtue of their office but jurisdiction exercised under Art.199 of the Constitution had certain conditions for invoking such jurisdiction i.e. non-availability of alternate and efficacious remedy--- Constitutional jurisdiction could not be exercised as a matter of routine, however in exceptional cases, aggrieved person could invoke such jurisdiction for seeking directions---No exceptional circumstances were disclosed nor petitioner availed remedies provided under law---Where concurrent jurisdiction was vested in two courts, then as a rule of propriety, lower court was to be approached in first instance---Petitioner could avail alternate remedy provided under law through competent court for redressal of grievances---Petition was dismissed in circumstances. Muhammad Asif v. Umer Farooque Khan 2010 MLD 128 ref. Muhammad Yousuf v. Dr. Madad Ali alias Gulab Laskani and others PLD 2002 Kar. 328 rel. ORDER FAROOQ ALI CHANNA, J.---Through the instant constitution petition, the petitioner seeks directions to the SHO Police Station Thari Mitwah, district Khairpur for registering his F.I.R. against the high handedness of the proposed accused and to investigate the case according to law. The facts giving rise to file the instant petition are that on 28-6-2012 the petitioner with his wife Mst. Samina and other family members were available in his house when at about 11-00 a.m. the proposed accused mentioned in para No.4 of the petition entered into the house and with the assistance of his wife Mst. Samina robbed of golden ornaments and cash Rs.20,000. After committing robbery all the proposed accused along with his wife Mst. Samina ran away issuing threats that if the complainant party chased them, they would be murdered. The petitioner approached the concerned SHO for registration of F.I.R. but was returned unheard with the…

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