Case ID |
093fe6f5-a30e-4de6-a3fd-0a7d5e94c38e |
Body |
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Case Number |
Criminal Miscellaneous Application No. 323 of 2012 |
Decision Date |
Aug 06, 2012 |
Hearing Date |
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Decision |
The Sindh High Court ruled in favor of the applicant, Abdul Rahim, allowing his Criminal Miscellaneous Application challenging the dismissal of his request for the registration of a First Information Report (F.I.R.) against police officials. The court emphasized that the Station House Officer (S.H.O.) had a statutory duty to register the F.I.R. upon receiving credible information about a cognizable offense. The applicant had alleged illegal detention, robbery, and extortion by the police, which warranted the lodging of an F.I.R. The High Court set aside the previous order of the Justice of Peace that had dismissed the application without sound reasoning. The S.H.O. was directed to record the F.I.R. if a cognizable offense was established, reinforcing the legal obligations of police authorities in such matters. |
Summary |
In the case of Abdul Rahim vs. S.H.O. Police Station Adilpur, the Sindh High Court addressed significant issues regarding the registration of First Information Reports (F.I.R.) under the Criminal Procedure Code (V of 1898). The case arose when the applicant alleged that police officials unlawfully detained him and his family, robbed them, and demanded bribes. The S.H.O. refused to register the F.I.R., leading to the applicant's appeal to the Justice of Peace, which was dismissed. The High Court found that the S.H.O. had failed to fulfill his statutory duties by not registering the F.I.R. The court's decision emphasized the importance of police accountability and the legal obligations to document cognizable offenses, reinforcing rights against police misconduct. This case highlights trending legal issues such as police reform, accountability, and the rights of citizens against unlawful actions by state authorities. |
Court |
Sindh High Court
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Entities Involved |
Not available
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Judges |
NAIMATULLAH PHULPOTO, J
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Lawyers |
Bakhshan Khan Mahar,
Abdul Jabbar Shaikh, DDPP
|
Petitioners |
ABDUL RAHIM
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Respondents |
S.H.O. POLICE STATION ADILPur, DISTRICT GHOTKI,
Bhuddo Khan Kolachi,
Muhammad Nawaz Dharejo,
Muhammad Afzal Somaro,
Two unidentified police constables
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Citations |
2013 SLD 2422,
2013 YLR 581
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Other Citations |
PLD 2007 SC 539
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Laws Involved |
Criminal Procedure Code (V of 1898)
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Sections |
22-A,
154,
561-A
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