Legal Case Summary

Case Details
Case ID 20a6182d-7768-4467-99a0-ae3c53f45d73
Body View case body.
Case Number Writ Petition No. 5 of 2011
Decision Date Nov 28, 2013
Hearing Date
Decision The Peshawar High Court dismissed the writ petition filed by Sibtain Ali Shah challenging the order of Judicial Magistrate Oghi dated 7-10-2010. The court upheld the Magistrate's directive to the police to submit a complete investigation report rather than cancelling the case based on the affidavit of the complainant's father. The court found that there was sufficient prima facie evidence against the accused, and the arguments presented did not demonstrate any illegality in the Magistrate's order. Consequently, the petition was dismissed as being without merit.
Summary This case revolves around a writ petition filed by Sibtain Ali Shah against the order of the Judicial Magistrate Oghi regarding FIR No.332 under section 337-A(iii), P.P.C. The case emerged following allegations made by Mst. Anila Bibi against her ex-husband concerning injuries inflicted upon her. The Judicial Magistrate opted not to cancel the case but rather directed the police to present a complete challan. The court emphasized the importance of considering the evidence collected during the investigation and highlighted that the dismissal of the FIR based solely on the affidavit of the complainant's father was premature. This case reflects critical aspects of criminal procedure, specifically the powers of a Magistrate under the Criminal Procedure Code, and the necessity for a thorough judicial examination of evidence before dismissing allegations. The ruling reinforces the principle that no person should be condemned unheard, and reasonable opportunities must be afforded to both parties in a legal dispute.
Court Peshawar High Court
Entities Involved Not available
Judges MRS. IRSHAD QAISER, WAQAR AHMAD SETH
Lawyers Qazi Shams-ud-Din, M. Arshad Awan, Raja Zubair D.A.G.
Petitioners Sibtain Ali Shah
Respondents The STATE
Citations 2015 SLD 2353, 2015 PCRLJ 890
Other Citations Ch. Muhammad Ashraf v. The State 2006 PCr.LJ 518, NLR 2001 Cr.LJ 556, Nasrullah v. The State 1998 PCr.LJ 2086, Azizur Rehman v. Kala Khan 1998 PCr.LJ 743
Laws Involved Criminal Procedure Code (V of 1898), Constitution of Pakistan
Sections 173, 190, 199