Case Details

Citation(s)
2016 SLG 2696 2016 SLD 2696 2016 PCRLJ 451
Sindh High Court
Criminal Misc. Application No. 295 of 2014, decided on 1st December, 2014. Date of hearing: 13th November, 2014.
HASAN FEROZ, JUSTICE
Irfan A. Usmani for Applicant. Abrar Ali Khitchi, A.P.G. along with ASI Kashif, P.S. Mithadar and Mian Khan SIP PS Soldier Bazar for
Respondents.

MUHAMMAD ZAHID KHAN - --Applicant

VS

STATION HOUSE OFFICER, P.S. SOLDIER BAZAR, KARACHI EAST AND ANOTHER - --Respondent

Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 561-A --------- Inherent powers of High Court --------- Scope --------- Application for registration of FIR --------- Scope --------- High Court under S.561-A, Cr.P.C., had ample powers to meet the ends of justice however said powers were to be exercised subject to law and not to bypass the express provisions of law and it be used to prevent the abuse of process of law --------- Such powers, being extraordinary in nature, were to be exercised in the circumstances when no other remedy under the law was available --------- Section 561-A, Cr.P.C., could not be used to override express provisions of law as a substitute to the available remedy to circumvent the normal course of law or to deviate from prescribed procedure of law which in all circumstances ought to take effect --------- In the present case record showed that inspite of direction of the Sessions Judge/Ex-officio Justice of Peace, no heed had been paid by the Police to furnish report as to the alleged incident --------- High Court remanded the matter to Sessions Judge/Ex-officio Justice of Peace with direction to pass appropriate order in accordance with law --------- Application was disposed of accordingly. 2013 PCr.LJ 449; 2013 PCr.LJ 117; 2013 PCr.LJ 100; PLD 2007 SC 539 and PLD 2005 Kar. 621 ref. THIS ORDER PASSED BY: HASAN FEROZ, JUSTICE:---------- The instant Criminal Misc. Application No. 295 of 2014 preferred under section 561-A, Cr.P.C. on behalf of the applicant, seeking therein to set-aside the impugned order dated 20.09.2014 passed by the learned Sessions Judge/ Ex-Officio Justice of Peace, Karachi (East) on Application under section 22-A, Cr.P.C. seeking registration of FIR against the proposed accused but learned Sessions Judge passed the order for inquiry through SSP. Applicant prefers instant Misc. Application to consider its irregularity and illegality. 2. The brief facts as contained by applicant are that on 09.09.2014 at about 8-00 p.m. four police officials in mobile in civil dress along with applicant son's ex-wife namely Madiha Sajid and her new husband namely Sunny came at the shop No. 4 of the applicant situated at…
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