| Citation(s) |
|---|
| 2020 SLG 1176 2020 SLD 1176 2020 MLD 1028 |
Sindh High Court
Constitution Petition No. D-2587 of 2016, decided on 10th October, 2018.
ABDUL MAALIK GADDI, JUSTICE MOHAMMAD KARIM KHAN AGHA, JUSTICE
Sher Muhammad Laghari for Petitioner. Muhammad Ismail Bhutto, Additional Advocate General along with SIP Najamdin Nizamani on behalf of SSP Hyderabad and ASI M. Arshad on behalf of SHO P.S. Site Hyderabad for
Respondents. Masood Rasool Babar for propose
Constitution Petition No. D-2587 of 2016, decided on 10th October, 2018.
ABDUL MAALIK GADDI, JUSTICE MOHAMMAD KARIM KHAN AGHA, JUSTICE
Sher Muhammad Laghari for Petitioner. Muhammad Ismail Bhutto, Additional Advocate General along with SIP Najamdin Nizamani on behalf of SSP Hyderabad and ASI M. Arshad on behalf of SHO P.S. Site Hyderabad for
Respondents. Masood Rasool Babar for propose
MUHAMMAD YAQOOB
VS
IIIRD ADDITIONAL SESSIONS JUDGE AND EX-OFFICIO JUSTICE OF PEACE, HYDERABAD AND 3 OTHERS
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Ex-officio Justice of Peace, powers of---Registration of FIR---Dispute of civil nature---Scope assailed order of Ex-officio Justice of Peace whereby he had dismissed the application of petitioner for registration of FIR by observing that the issue involved in the matter appeared to be of civil nature---Allegation of petitioner was that accused persons along with 10/12 unknown persons with open faces duly armed with deadly weapons came to the petitioner when he along with others was erecting boundary wall of society and made aerial firing, demolished the partition wall and went away by threatening the petitioner of dire consequences---Validity---Act of proposed accused and the allegations in the case were serious in nature, hence, required inquiry/investigation---High Court set aside the order passed by Ex-officio Justice of Peace and directed the petitioner to appear before the concerned SHO for recording his statement under S.154, Cr.P.C.---Constitutional petition was disposed of, accordingly. Muhammad Bashir v. Station House Officer, Okara Cantt: and others PLD 2007 SC 539 rel. (b) Criminal trial--- ----Criminal and civil proceedings---Scope---Whenever criminal offence in a dispute of civil nature is reported, same was to be decided side-by-side. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Ex-officio Justice of Peace, powers of---Registration of FIR---Scope---Police, under S.154, Cr.P.C. is legally bound to register a criminal case whenever commission of a cognizable offence is reported to it and if the police is not ready to register a case regarding cognizable offence, the Ex-officio Justice of Peace can issue appropriate directions under S. 22-A(6)(i), Cr.P.C. to the concerned police authorities to register a case even without seeking report from the SHO concerned to know the reasons as to why the local police have not registered a criminal case in respect of the complainant's allegation. Sherin Zada v. State 2015 MLD 286 fol. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:---.---Through this petition, petitioner Muhammad Yaqoob has assailed the legality and…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492