Case Details

Citation(s)
2017 SLG 1616 2017 SLD 1616 2017 PLD 515
Sindh High Court
Criminal Miscellaneous Application No. S-206 of 2012, decision Date : 25-10-2016
SALAHUDDIN PANHWAR, JUSTICE
Ishrat Ali Lohar for Applicants. Noor Ahmed Memon for
Respondent No. 1. Shahid Shaikh, A.P.G. for the State.

NOOR AHMED AND 5 OTHERS

VS

GHULAM HYDER AND 2 OTHERS

Law:

Section:

(a) Establishment of Office of Ombudsman for Province of Sindh Act (I of 1992)---.--- ---.----S. 9---.---Jurisdiction, functions and powers of ombudsman---.---Scope---.--- Ombudsman can entertain and investigate a complaint/application by an aggrieved person on allegation of mal-administration on the part of any agency or any of its officers or employees. (b) Establishment of Office of Ombudsman for Province of Sindh Act (I of 1992)-- ---.----S. 9--Jurisdiction, functions and powers of ombudsman---.---Scope-- Ombudsman could not exercise ultimate jurisdiction of civil court as well as investigate the matters which were pending in the court of competent jurisdiction. (c) Establishment of Office of Ombudsman for Province of Sindh Act (I of 1992)- 9---.---Jurisdiction, functions and powers of ombudsman---.---Object---.--- Object of domain of ombudsman was supervisory in nature whereby he could pass appropriate order in event of any mal-administration. (d) Words and phrases-- ---.----"Mal-administration"---.---Meaning. (e) Criminal Procedure Code (V of 1898)- ---.----Ss. 154 & 155---.---Information in cognizable case and non-cognizable case---.---Scope---.---Officer in-charge of police station was under mandatory duty to record statement of any informant but recording thereof in S.154 or 5.155 Cr.P.C. Register was subject to showing commission of cognizable offence or non-cognizable offence which would be decided officer in-charge of the Police Station (f) Establishment of Office of Ombudsman for Province of Sindh Act (I of 1992)- ---.----S. 9---.---Criminal Procedure Code (V of 1898), S. 190-Jurisdiction, functions and powers of ombudsman---.---Cognizance of offence by Magistrate-Accused assailed the order passed by Magistrate in pursuance of which he disagreed with report under "C" class and took cognizance against the accused-Validity-Ombudsman could direct SILO to perform his duty and objection of counsel for accused with regard to jurisdiction of Ombudsman had no substance-Disclosure of names in FIR of those who were mentioned in application as "and others" was not of much significance-Witnesses in statements under 5.161, Cr.P.C. had not supported the FIR;…
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