| Citation(s) |
|---|
| 2022 SLG 353 2022 SLD 353 2022 PCRLJ 21 |
Sindh High Court
Criminal Miscellaneous Application No. S-564 of 2020, decision dated: 17-09-2021. hearing date: 23-08-2021.
RASHIDA ASAD, JUSTICE
Manzoor Ahmed Panhwar for Applicant along with the Applicant in person. Miss Safa Hisbani, A.P.G. for the State along with DSP Nandlal, Inspector Zafar Hussain (Focal Person Badin), Inspector Muhammad Ali Zaur, SIP Hadi Bux, SIP Irshad All Shahani, ASI Q
Criminal Miscellaneous Application No. S-564 of 2020, decision dated: 17-09-2021. hearing date: 23-08-2021.
RASHIDA ASAD, JUSTICE
Manzoor Ahmed Panhwar for Applicant along with the Applicant in person. Miss Safa Hisbani, A.P.G. for the State along with DSP Nandlal, Inspector Zafar Hussain (Focal Person Badin), Inspector Muhammad Ali Zaur, SIP Hadi Bux, SIP Irshad All Shahani, ASI Q
ALLAH BACHAYO
VS
STATION HOUSE OFFICER, POLICE STATION MATLI AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 22-A,22B,185&561-A
Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 185 561-A---Inherent jurisdiction of High Court---Registration of criminal case---Territorial jurisdiction---Offence consisting of several acts--- Applicant/complainant was aggrieved of order passed by Ex-Officio Justice of Peace who partly allowed his application only to the extent of offence committed in his territorial jurisdiction and declined remaining part falling outside his territorial jurisdiction---Validity---Nothing prevented High Court to give appropriate direction or to make an order for registration of FIR at any of the two police stations where the alleged continued offence consisting of several acts was committed--- High Court directed Station House Officer to record statement of applicant/complainant under S. 154, Cr.P.C. including but not limited to the allegations in respect of continuing acts committed within the local areas of his police station and as well register FIR against all nominated/proposed accused in other district---High Court set aside the order passed by Ex-Officio Justice of Peace to the extent of offence falling outside his territorial jurisdiction---Constitutional petition was allowed accordingly. PLD 2018 SC 595; PLD 1997 Kar 119; 2020 SCMR 1200 and 2019 MLD 1192 ref. ORDER: MRS. RASHIDA ASAD, JUSTICE:---.--- Through the instant Criminal Miscellaneous Application, the order dated 16.10.2020, passed by learned 1st Additional Sessions Judge/MCTC, Badin, in his capacity as Ex-Officio Justice of Peace, is impugned whereby an application under section 22-A(6)(i), Cr.P.C., filed by the applicant hereinabove, Allah Bachayo, for registration of ER against the proposed accused, named in the title hereof, was partly dismissed and as such para 15 of the impugned order sought to be set aside. To understand the controversy and relief sought in the instant application, it would be appropriate to refer and reproduce said para 15 with reference to context depicted in para 14 of the order and, therefore, paras 14 and 15 are reproduced as under:- “74. In my humble view and on the basis of facts of first episode of incident and the names of witnesses mentioned in the memo of…
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