Case Details

Citation(s)
2002 SLG 1827 2002 SLD 1827 2002 CLC 530
Sindh High Court
Constitutional Petition No.S-380 of 2001, decision dated: 4-10-2001
MUHAMMAD ASHRAF LEGHARI, J
Abdul Wahab Baloch for Petitioner. Abbas Ali, A.A.G. for the State

M. FAREED

VS

GOVERNMENT OF SINDH and others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Registration of F. I. R. ---Constitutional jurisdiction of High Court---Scope---Registration of F.I.R. through Constitutional petition was a discretionary relief and the same could only be granted H hen it was found to be justified, fair and reasonable---Where it was neither justified, nor reasonable and alternate adequate remedy was available to the petitioner by way of filing of direct complaint High Court declined to exercise such discretion in favour of the petitioner---Constitutional petition was dismissed in circumstances. Altai Hussain v. Government of Sindh through Home Secretary, Government of Sindh and another PLD 1997 Kar. 600 and Jamshed Ahmed v. Muhammad Akram Khan and another 1975,SCMR 149 ref. ORDER The petitioner through this petition has sought the following relief: "It is, therefore, prayed that this Honourable Court may be pleased to pass judgment and decree in favour of the' petitioner against the respondents and order as may deem fit and proper under the circumstances- (a) To direct the S.H.O. T.P.X to record the statement of petitioner under section 154, Cr.P.C. thereafter to take the appropriate and legal action against the culprits above named according to provisions of law and submitted report under section 154, Cr.P.C. with stipulated period to the competent Court of law. (b) Cost of the petition. (c) Any other relief/relieves which this Honourable Court may deem fit and proper under the circumstances of the case." The petitioner in his petition has stated that his brother had married Mst. Rubina. The relations of his brother and Mst. Rubina after some time were strained as she developed her illicit connections with one Muhammad Ayub. Due to this dispute, his brother left for his native place Bangladesh. On 10-8-2001, when the petitioner came back to his house, he saw Mst. Rubina and Muhammad Ayub in objectionable position. He informed the Muhallah people and made such complaint to the police. The names of witnesses are mentioned in the petition. It is submitted that said Muhammad Ayub is on illicit terms with Mst. Rubina and both of them have been committing Zina, therefore, police may…
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