| Citation(s) |
|---|
| 1997 SLG 1327 1997 SLD 1327 = 1997 PLD 600 |
Sindh High Court
Constitutional Petition No.2472 of 1995, decided on 11th June, 1997
Presented By: Before Mamoon Kazi, C. J. and Mrs. Majida Razvi, J
Sardar M. Ishaque for Petitioner. Abdul Ghafoor Mangi, A.-G. and K.M. Nadeem, Addl. A.-G. for
Respondents.
Constitutional Petition No.2472 of 1995, decided on 11th June, 1997
Presented By: Before Mamoon Kazi, C. J. and Mrs. Majida Razvi, J
Sardar M. Ishaque for Petitioner. Abdul Ghafoor Mangi, A.-G. and K.M. Nadeem, Addl. A.-G. for
Respondents.
ALTAF HUSSAIN ---Petitioner
VERSUS
GOVERNMENT OF SINDH through Home Secretary, Government of Sindh, Karachi and another--- Respondent
Law: Constitution of Pakistan 1973
Section: 154
Law: Criminal Procedure Code (V of 1898)
Section:
Constitution of Pakistan (1973)--- ----Art. 199--- Criminal Procedure Code (V of 1898), S.154--- Constitutional jurisdiction, exercise of--- Registration of F.I.R.--- Direction for--- Whenever an adequate remedy in the form of a private complaint is available to the petitioner, relief sought by him in the petition may be declined to him. Abid Hussain v. Government of Sindh and 3 others PLD 1984 Kar. 269; Ali Hussain v. Presiding Officer, Special Court for Offences in Respect of Banks at Karachi PLD 1989 Kar. 157; Pakistan National Shipping Corporation v. Rent Controller, Lahore PLD 1992 Lah. 305; Haji Muhammad Khan v. Ch. Khizar Hayat and 3 others PLD 1977 Lah. 424; Muhammad Zaffar Iqbal v. Manzoor Ahmed 1986 PCr. LJ 2658; Jamshed Ahmed v. Muhammad Akram Khan and another 1975 SCMR 149; Muhammad Suleman v. Station House Officer, Police Station Civil Lines, Gujranwala 1994 PCr.LJ 2417 and Wazir Ahmad and others v. Government of Sindh and others (Constitutional Petition No. D-104 of 1988) ref. Criminal Procedure Code (V of 1898)--- ----S. 154--- Constitution of Pakistan (1973), Art.199--- Constitutional petition--Registration of F.I.R.--- Petitioner could have filed a private complaint before the Court having jurisdiction in the matter in case the complaint sent by him to the police was not registered or he was dissatisfied with the investigation of the case carried out by the police--- Private complaint could provide an equally adequate relief to the petitioner because he could lead the entire evidence himself before the Court and his grievance could be adequately redressed by filing the same---Directions sought by the petitioner in the case, therefore, were not needed to be given by High Court to the respondents--- Constitutional petition was dismissed accordingly. Abid Hussain v. Government of Sindh and 3 others PLD 1984 Kar. 269;. Ali Hussain v: Presiding Officer, Special Court for Offences in Respect of Banks at Karachi PLD 1989 Kar. 157; . Pakistan National Shipping Corporation v. Rent Controller, Lahore PLD 1992 Lah. 305; Haji Muhammad Khan v. Ch. Khizar Hayat and 3 others PLD 1977 Lah. 424; Muhammad Zaffar Iqbal v. Manzoor Ahmed 1986 PCr. W 2658;…