| Case ID |
2e3b6b0c-61ed-42e5-a371-71e178d80f3a |
| Body |
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| Case Number |
Crl. Misc. Appln. No. S-223 of 2014 and M.A. Nos. |
| Decision Date |
Sep 30, 2015 |
| Hearing Date |
|
| Decision |
The application for registration of a second FIR was dismissed as the High Court found it to be beyond the ambit of Section 22-A(6) of the Criminal Procedure Code. The court noted that the law does not permit the registration of a second FIR when a first FIR is already in existence. The applicant's reasons for seeking a second FIR were deemed insufficient, as they could lead to a precedent that would adversely affect the integrity of prosecutions. The court emphasized that the Investigating Officer holds the authority to declare an accused innocent or to charge a witness as an accused based on the evidence gathered during the investigation. The High Court concluded that no extraordinary circumstances justified the request for a second FIR, leading to the dismissal of the application. |
| Summary |
In the case of Muhammad Nawaz Jhatiyal vs. Station House Officer, the Sindh High Court addressed the issue of whether a second FIR could be registered in the context of an ongoing investigation. The applicant, whose daughter was allegedly murdered, sought to register a second FIR against one of the accused while excluding his son, who was already named in the first FIR. The court ruled that the registration of a second FIR in the presence of an existing FIR is not permissible under the Criminal Procedure Code. The ruling underscored the importance of maintaining the integrity of the legal process and preventing potential abuse of the FIR system. The court affirmed that the Investigating Officer has the discretion to evaluate evidence and determine the appropriate course of action, including declaring individuals innocent or bringing new suspects to light. This case highlights critical aspects of criminal procedure and the balance between the rights of the accused and the prosecution's duty to uphold justice. Keywords: Criminal Procedure Code, FIR, Investigating Officer, Sindh High Court, legal process, murder case, justice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Panhwar
|
| Lawyers |
Ahsan Ahmed Qureshi,
Shahzado Saleem
|
| Petitioners |
Muhammad Nawaz Jhatiyal
|
| Respondents |
Station House Officer, Police Station, Nasirabad,
Ahsan Ahmed Qureshi,
Shahzado Saleem,
Inspector Ashfaque Ahmed Mangi
|
| Citations |
2016 SLD 2266,
2016 YLR 1065
|
| Other Citations |
Mst. Malika Jan v. Inspector General of Police 2000 PCr.LJ 320,
Wajid Ali Khan Durani v. Government of Sindh 2001 SCMR 1556,
Rana Ghulam Mustafa v. S.H.O. Police Station Civil Line, Lahore PLD 2008 Lah. 110,
Mst. Allah Rakhi v. D.P.O Gujranwala 2009 MLD 99,
Mrs. Ghanwa Bhutto v. Government of Sindh PLD 1997 Kar. 119
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
22-A,
22-B,
154,
561-A,
302,
34
|