| Citation(s) |
|---|
| 2001 SLG 2836 2001 SLD 2836 2001 PLD 328 |
Sindh High Court
C.P. No. S-532 of 2001, heard on 12th February, 2002
MUSHIR ALAM, J
Faiz Muhammad Qureshi for Petitioner. Madad Ali Shah Syed for
Respondent No. 1 . Masood A. Noorani, Addl. A.G. for the State.
C.P. No. S-532 of 2001, heard on 12th February, 2002
MUSHIR ALAM, J
Faiz Muhammad Qureshi for Petitioner. Madad Ali Shah Syed for
Respondent No. 1 . Masood A. Noorani, Addl. A.G. for the State.
MUHAMMAD YOUSAF
VS
Dr. MADAD ALI alias GULAB LASKANI and 8 others
Law:
Section:
(a) Constitution of Pakistan (1973)----Art. 199---Constitutional jurisdiction of High Court---Scope---Invocation of Constitutional jurisdiction, is subject to certain limitations and conditions---Not that in every case where public functionaries fail or neglect to perform their statutory obligation, such jurisdiction as a matter of course can be exercised---Foremost condition for invoking the jurisdiction is nonavailability of alternate and efficacious remedy. (b) Constitution of Pakistan (1973)------Art. 199---Constitutional petition---Investigation by police---Cross version case---Powers of Investigating Officer---Scope---Even in case of a divergent version the police can investigate into the offence independently if other version can be spelt out from the investigation then the real culprit, may it be informant himself, can be arrested as police is bound to unearth the crime. Kaura v. The State 1983 SCMR 436; Yousif v. State PLD 1988 Kar. 521; Ghulam Hussain Jeelani v. Government of Sindh PLD 2001 Kar. 169; Wajid Ali Khan Durrani's case 2001 SCMR 1556 and Ghanwa Bhutto's case PLD 1997 Kar. 119 ref. . (c) Criminal Procedure Code (V of 1898)-------Ss. 22-A, 22-B, 54 & 200---Investigation of criminal case---Justice of peace---Duties---In addition to the remedy of filing a direct complaint under S.200, Cr.P.C. the provisions of S.22-A & 22-B, Cr.P.C. have been added to the Statute Book whereby Sessions Judges and Judge of a High Court, by virtue of their office being justice of peace, can exercise all powers of a police under S.54, Cr.P.C.---On receipt of information of occurrence of any incident involving breach of peace or commission of any offence within such local area, Justice of Peace is conferred jurisdiction under S.22-A, Cr.P.C. to make inquiries into the matter forthwith and report the result of his inquiry to the nearest Magistrate and also to officer incharge of the nearest Police Station---Justice of Peace. at the same time can also pass order for the registration of F.I.R. against a person against whom a reasonable suspicion exists of any cognizable offence in addition to causing arrest of the culprit in such offence. Imamdin v. S.H.O. and…
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