| Citation(s) |
|---|
| 2025 SLG 3922 2025 SLD 3922 = 2025 SHC 2137 |
Criminal Misc. Application No.699 of 2025
Mr. Justice Jawad Akbar Sarwana
through Mr. Israr Ahmed Abro, Advocate through Mr. Saddam Hussain Chang, Advocate
Applicant : Shahid Ahmed s/o Nanhay Khan Respondent No.1 : Kaiser Ahmed s/o Naseeruddin Respondent No.2 : SSP Complaint Cell East Karachi Respondent No.3 : SHO PS Ferozabad Karachi through Mr. Muhammad Mohsin Mangi, APG Sindh. Respondent No.4 : The Manager Bank Al-Habib Ltd. Gulshan Chawrangi, Mr. Waqas Ali, Law Officer a/w Syed Arshad Ali, Bank Manager
Law: Criminal Procedure Code, 1898
Section: 154
Summary:
The High Court dismissed the Criminal Miscellaneous Application challenging the order of the Ex-Officio Justice of Peace which allowed initiation of proceedings against the applicant (son-in-law) regarding a disputed cheque issued to the complainant (father-in-law). The court found no defect in the order as the questions raised required police inquiry and recording of statements under section 154 Cr.P.C.
Core Points:
- The deceased Shahina Shahid's legal heirs were legally recognized with shares via succession certificate.
- Three cheques were issued to legal heirs; one cheque in favor of Kaiser Ahmed (complainant) was allegedly not deposited in his account.
- A criminal application was filed by Kaiser Ahmed against the son-in-law, seeking recording of statement under section 154 Cr.P.C.
- The Ex-Officio Justice of Peace allowed the application; the son-in-law challenged this order.
- The High Court held that inquiries about the cheque deposit and related parties require police investigation and recording of statements.
- The court upheld the impugned order and dismissed the Criminal Miscellaneous Application.
Law and Section Table
| Law Name | Section Number | Citation/Context |
|---|---|---|
| Criminal Procedure Code | 154 | Recording of statement by police |
| Succession Law (NADRA rules implied) | N/A | Succession certificate for legal heirs |
O R D E R