Case Details

Citation(s)
2009 SLG 3320 2009 SLD 3320 2009 PCRLJ 387
Sindh High Court
Criminal Miscellaneous Application No.223 of 2008, decided on 7th November, 2008.
Before Faisal Arab, J
Syed Madad Ali Shah for Applicant. Mumtaz Alam Leghari, Asstt. A.-G. along with Muhammad Qasim, S.H.O. Police Station Umerkot for the State. crimcrim

GHULAM MUHAMMAD----Applicant

VERSUS

STATION HOUSE OFFICER, POLICE STATION UMARKOT and another----Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 22-A.22-B,154,156,561-A

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 154 & 561-A---Application for registration of F.I.R.---Grievance of applicant was that he, in the first instance, approached S.H.O. concerned to lodge F.I.R., but he refused; that thereafter he approached ex-officio Justice of Peace by moving application under Ss.22-A & 22-B, Cr.P.C. for seeking direction to the S.H.O. concerned to lodge the F.I.R., but same was also declined---Being aggrieved by said order applicant had filed the present application---Lodging of report by itself did not amount to give a license to the police to make arrest, however, after investigation into the allegation if sufficient material came out, only then the police could proceed in accordance with law---Accused persons, though were party in the case before Court of Session, but they were not impleaded in the application---Applicant, in circumstances would approach the concerned police station and the S.H.O., who was present in the court, would record his statement and upon his statement, if a cognizable offence was made out, he would register the F.I.R. ORDER FAISAL ARAB, J.---Grievance of the applicant is that the applicant in the first instance approached the S.H.O. concerned to lodge F.I.R., but was refused. Thereafter he approached the Ex-Officio Justice of Peace by moving application under section 22-A and B, Cr.P.C. for seeking direction to the S.H.O. concerned to lodge the F.I.R. but the same was also declined on the ground that the proposed accused had conducted a lawful raid on the office of applicant, which cannot be said to be a cognizable offence. Being aggrieved by the said order the applicant has filed the present application. Learned counsel for the applicant states that the raid was conducted by the proposed accused in his absence and the acts committed by the raiding party during raid, itself constitute a criminal offence. Learned counsel states that during the raid,…
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