| Citation(s) |
|---|
| 2021 SLG 749 2021 SLD 749 2021 PCRLJ 341 |
Sindh High Court
Criminal Miscellaneous Application No. 332 of 2018, decided on 31st October, 2019.
FAHIM AHMED SIDDIQUI, JUSTICE
Petitioner(s) by: Yousuf Iqbal Ms. Naila Tabassum for
Respondents Nos. 3, 4, 7 to 9.
Respondent(s) by: Syed Zahoor Shah, D.P.G.
Criminal Miscellaneous Application No. 332 of 2018, decided on 31st October, 2019.
FAHIM AHMED SIDDIQUI, JUSTICE
Petitioner(s) by: Yousuf Iqbal Ms. Naila Tabassum for
Respondents Nos. 3, 4, 7 to 9.
Respondent(s) by: Syed Zahoor Shah, D.P.G.
SAJID ALI
VS
VIIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI EAST AND 8 OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 22-A,200,561-A
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 200 561-A---Inherent jurisdiction of High Court---Registration of criminal case---Direction, issuance of---Principle filed application before Ex-Officio Justice of Peace for direction to register FIR, which application was dismissed---Validity---If offenders were known to complainant and evidence was available with him, then State assistance was least necessary for collection and preservation of evidence through investigating authorities---Directions for registration of FIR should only be given in a case where assistance of State machinery was required for collection and preservation of evidence---If Ex-Officio Justice of Peace had come to the conclusion that complainant had all relevant evidence with him and under his control then it was appropriate that no direction for registration of FIR should be issued---Complainant was at liberty to invoke jurisdiction of private complaint, as the same was more felicitous remedy in such cases---High Court declined to interfere in the order passed by Ex-Officio Justice of Peace and petitioner could file private complaint under S. 200, Cr.P.C.---Application was dismissed in circumstances. Javed v. The State 2015 YLR 764; Khurram Waheed v. The State and 2 others PLD 2014 Lah. 639; Muhammad Ali v. Additional I.G. PLD 2014 SC 753; Muhammad Bashir v. SHO Okara Cantt PLD 2007 SC 539; Dr. Inayatullah Khilji and 9 others v. Additional District and Sessions Judge, Karachi East and 2 others 2007 PCr.LJ 909; Muhammad Aslam v. Justice of Peace/ADJ Burewala and another 2010 PCr.LJ 296; Umer Hayat v. Inspector General of Police 2015 PCr.LJ 1551; Syed Abdul Hameed v. Mian Izhar Ahmed and 2 others PLD 2019 Pesh. 154; Mir Muzaffar Azam v. SHO PS A-Section, Sukkur 2017 PCr.LJ Note 179 and Younus Abbas and others v. Additional Sessions Judge, Chakwal and others PLD 2016 SC 581 ref. (b) Penal Code (XLV of 1860)--- ----S. 182---Criminal Procedure Code (V of 1898), S. 250---False complaint---Remedy---In case of false FIR, option of proceeding under S.182, P.P.C. is available but Court cannot invoke the same unless complaint/report is field by concerned Station House Officer, for…
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