| Citation(s) |
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| 2026 SLG 208 2026 SLD 208 = 2025 SHC 2179 |
Criminal Miscellaneous Application No.S-716 of 2025
MUHAMMAD HASAN (AKBER), J.
Applicants: Hussain son of Saleem and another, through Mr. Mansoor Akhtar Advocate
Respondents: Mst. Rubina and Saleem Ameer Ali present in person. Ms. Seema Zaidi, Additional Prosecutor General, Sindh alongwith SIP. Rab Nawaz of Police Station Soldier Bazaar, Karachi. Date of hearing: 29.08.2025. Date of decision: 01.09.2025.
HUSSAIN S/O SALEEM & OTHERS V/S THE STATE THR PG SINDH & OTHERS Sindh High Court, Karachi
Law: Code of Criminal Procedure (West Pakistan Amendment) Act, 1964
Section: 561-A,22-A,22-B,154
Summary:
The applicants (two brothers) challenged an order passed by the Ex-officio Justice of Peace/Additional Sessions Judge-I, Karachi East, which directed registration of an FIR under section 154 CrPC based on a complaint filed by their sister regarding family/property dispute. The High Court found that the impugned order was passed mechanically, without notice to the applicants or hearing them, and also improperly directed application of the Protection of Parents Ordinance 2021, which is under the jurisdiction of the Deputy Commissioner. The Court set aside the order and directed the police to inquire into the matter properly, considering all facts, motives, and family relations, before proceeding under section 154 CrPC.
Sections Used:
CrPC 561-A – Review of lower court order to prevent abuse of process
CrPC 22-A & 22-B – Direction to register FIR by Justice of Peace