| Case ID |
20a6182d-7768-4467-99a0-ae3c53f45d73 |
| Body |
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| 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
|