| Case ID |
2aff2f1e-3eb9-46ec-9b27-3e0145d70cd4 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 30 of 2003 |
| Decision Date |
Apr 25, 2003 |
| Hearing Date |
Apr 10, 2003 |
| Decision |
The High Court quashed the orders of the Sessions Judge and the Judicial Magistrate, ruling that they acted without jurisdiction in dealing with the report under section 173 of the Criminal Procedure Code. The Court emphasized that the Magistrate had exclusive authority to pass orders under section 173(3) and that the Sessions Judge's involvement was not provided for under this section. The investigation report indicating that the FIR was false was to be addressed solely by the Judicial Magistrate. Therefore, both orders were quashed, and the application was accepted. |
| Summary |
In the case of 'Criminal Miscellaneous No. 30 of 2003', the Sindh High Court addressed the issue of jurisdiction concerning the handling of an FIR against police officials. The petitioner, Akhtar Ali Khan, alleged that police officials unlawfully entered his home and confiscated valuables. The Investigating Officer found the FIR to be false, leading to a report that was improperly sent to the Sessions Judge. The High Court ruled that the Sessions Judge acted beyond jurisdiction, reinforcing the authority of the Judicial Magistrate under the Criminal Procedure Code. This case highlights critical aspects of legal jurisdiction and procedural integrity within the criminal justice system, making it a pivotal reference for future cases involving police misconduct and jurisdictional disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SADIQ LAGHARI, J
|
| Lawyers |
Moula Bux Khoso,
Habib-ur-Rasheed
|
| Petitioners |
AKHTAR ALI KHAN
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 3361,
2003 PLD 433
|
| Other Citations |
Soofia Abdul Qadir v. The State and others 2000 PCr.LJ 520
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
173,
561-A
|