| Citation(s) |
|---|
| 2015 SLG 2345 2015 SLD 2345 2015 PCRLJ 846 |
Sindh High Court
Criminal Miscellaneous Application No. S-617 of 2011, decided on 25th September, 2014.
MUHAMMAD IQBAL KALHORO, J
Alam Sher Bozdar for Applicant. Sardar Ali Shah, A.P.G. for the State
Criminal Miscellaneous Application No. S-617 of 2011, decided on 25th September, 2014.
MUHAMMAD IQBAL KALHORO, J
Alam Sher Bozdar for Applicant. Sardar Ali Shah, A.P.G. for the State
NAZIR AHMED--Applicant
VS
STATION HOUSE OFFICER, POLICE STATION ADIL PUR, DISTRICT GHOTKI and another
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 154, 200 & 561-A---Application to Justice of Peace under Ss. 22-A & 22-B, Cr.P.C. for registration of criminal case---Dismissal of application---Applicant sought quashment of dismissal order of his application---Applicant, had called into question impugned order passed by Justice of Peace, whereby his application for registration of FIR against proposed accused was dismissed---Close relatives of the applicant were involved in various criminal cases against whom FIRs were registered; and in pursuance whereof they were arrested, and sent up for the trial---Persistence of the applicant to get his FIR registered since 2011 against the Police Officials, without having recourse to a private complaint, had depicted that he was only interested to see a criminal case registered against proposed accused through FIR---Held, most efficacious remedy for applicant would be to file a private complaint against proposed accused; as High Court even after directing the registration of a criminal case, could not control and regulate the investigation against them---Applicant failed to satisfy the court as to why so far applicant had not availed the remedy available to him under S.200, Cr.P.C.---No illegality was found in the impugned order passed by Justice of Peace---Applicant, could approach the appropriate forum through private complaint for redressal of his grievance, in accordance with law---Application for quashment of order was dismissed, in circumstances. Asma Jahangir, Chairperson Human Rights Commission of Pakistan v. Senior Superintendent of Police (Operation), Lahore and 3 others 2005 PCr.LJ 1517 and Shadi Khan v. SSP Naushehro Feroz and others Criminal Petition No. 54-K of 2014 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 154---Registration of criminal case on application to Justice of Peace---Scope---Justice of Peace could pass order for registration of FIR, on the complaint, regarding non-registration of a criminal case, in terms of Ss.22-A & 22-B, Cr.P.C., if the facts and circumstances in a given situation would justify so---Justice of Peace was not supposed to…
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