Law: Criminal Procedure Code (V of 1898)

Section: 154,202

Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 200---Penal Code (XLV of 1860), S.302---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.11/16---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability--­Registration of counter-case---Deceased lady was abducted and case under Ss.11/16, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was pending against the petitioners and during pendency of said case, abductee having been murdered, her uncle filed F.I.R. against the petitioners within two hours of the incident and petitioners were challaned for murder of the abductee---Counter-case filed by petitioners against respondents was dismissed by Trial Court and petitioners had challenged order of Trial Court by a Constitutional petition---Validity---Petitioners had an alternate remedy of filing private complaint in the Court---Police Officers in their comments had strongly refuted the contents of Constitutional petition and termed the same as wrong and false---Police Officer could arrest even the complainant as an accused person if during investigation he had come across material and evidence which connected the complainant with commission of crime--­Petitioners having failed to avail remedy of filing fresh complaint under S.200, Cr.P.C. which was an effective and adequate remedy, High Court refused to exercise discretion in favour of the petitioners---Constitutional petition was dismissed being not maintainable. Ghunwa Bhutto v. Government of Sindh PLD 1997 Kar. 119; 1983 SCMR 436; PLD 1988 Kar. 521 and 1993 PCr.LJ 1056 ref. ORDER GHULAM NABI SOOMRO, J.--By this petition, the petitioner Ghulam Hussain seeks registration of F.I.R. (counter to the one already registered as F.I.R. No-18 of 2000) at Police Station Jhol of District Sanghar. 2. Facts leading to the filing of this petition are that the petitioner party claims the deceased Mst. Saeedan to be their daughter-in-law, whereas the proposed accused party is the party of her real parents, her father being dead. Mst. Saeedan was killed on 22-5-2000 within the jurisdiction of Jhol Police Station at some distance from the house of her parents. 4. F.I.R.…

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