| Citation(s) |
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| 2026 SLG 1802 2026 SLD 1802 = 2026 YLR 562 |
Sindh High Court
Criminal Misc. Application No. 624 of 2025, decided on 17th September, 2025.
Presented By: Before Jawad Akbar Sarwana, J
Haider Ali Abbasi for Applicant. Nemo for
Respondent No. 1. Nemo for
Respondent No. 2. Aijaz Ali Khaskhili for
Respondent No. 3. Muhammad Noonari, A.P.G for the State.
Criminal Misc. Application No. 624 of 2025, decided on 17th September, 2025.
Presented By: Before Jawad Akbar Sarwana, J
Haider Ali Abbasi for Applicant. Nemo for
Respondent No. 1. Nemo for
Respondent No. 2. Aijaz Ali Khaskhili for
Respondent No. 3. Muhammad Noonari, A.P.G for the State.
QADIR BUX KHASKHELI---Applicant
VERSUS
The SENIOR SUPERINTENDENT OF POLICE, THATTA and 3 others--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 22A,561A
Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 22-A---Powers of Justice of Peace under S.22-A, Cr.P.C.--Scope---Petition filed under S. 22-A, Cr.P.C, by the complainant/ respondent for the registration of criminal case against applicant and others was allowed by the Ex-Officio Justice of Peace---Validity---Complainant, had vividly described the alleged incident---Complainant had also assigned the role of each of the proposed accused, viz., each injured person and the mode used (butt of gun blows, lathi blows, fists and kicks, physical pushing, etc.)---Medico-Legal Officer Certificate in issue concerned injury to a woman with an apparently hard and blunt weapon---Other women were also alleged to be victims in the incident---Ingredients of the crime were not limited to physical hurt alone---Even if the applicant/proposed accused took the defence that the incident was merely a squabble or bickering, yet it was not denied that such an incident involved womenfolk, which in itself called for inquiry from a gender perspective, and depending on the outcome of such investigation, might or might not be involved offence against women, which were cognizable---Additionally, the allegation by the complainant/ respondent that the proposed accused forcibly entered his home without permission was not denied, either---Point was, it was too early to say, and the matter required the recording of statement under S.154, Cr.P.C. and depending on that, if an offence was made out, then the lodging of FIR, and if the claims were false, then further course of action might be taken, as articulated in the impugned Order---There was no defect in the order passed by the Ex-Officio Justice of Peace, and no illegality, irregularity, or legal oversight were found in the impugned order---Consequently, Criminal Miscellaneous Application was dismissed, accordingly. Date of hearing: 12th September, 2025. ORDER JAWAD AKBAR SARWANA, J.---Respondent No.3/complainant, Abdul Haq son of Muhammad Hashim by caste Khaskheli filed Cr. Misc. Appln. No.572/2025 with the Additional Sessions Judge-1/Malir, Thatta/Ex-Officio Justice of Peace that five (5) proposed accused from the Gul Manda Village,…