| Case ID |
31b018bd-fc2d-4b9b-a8c2-2b331ac36ef0 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous Application No. 61-S of 200 |
| Decision Date |
Mar 28, 2006 |
| Hearing Date |
|
| Decision |
The Sindh High Court quashed the direct complaint filed by Ali Anwar Bhayo against Sanaullah Abbasi and others. The Court found that the Magistrate had violated the provisions of the Criminal Procedure Code by not recording witness statements himself, which rendered the proceedings illegal. The Court highlighted that the allegations made did not justify the actions taken against the petitioners, especially given the high rank of the officers involved. It was determined that allowing the complaint to continue would amount to an abuse of process of law. |
| Summary |
In this case, the Sindh High Court addressed the legality of a direct complaint filed against police officers by Ali Anwar Bhayo. The applicant, Sanaullah Abbasi, challenged the proceedings on the grounds that the magistrate failed to properly record witness statements, which is a crucial requirement under the Criminal Procedure Code. The Court emphasized the importance of adhering to legal procedures and found that the allegations did not warrant the actions taken against the police officers. Ultimately, the complaint was quashed, reinforcing the need for proper judicial conduct and the protection of individuals from unjust legal actions. This case highlights issues related to police misconduct, the proper conduct of magistrates, and the legal standards required for maintaining the integrity of the judicial process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL SOOMRO, J
|
| Lawyers |
Muhammad Ayaz Soomro,
Aijaz Ali Shah,
Mushtaq Ahmed Kourejo
|
| Petitioners |
SANAULLAH ABBASI
|
| Respondents |
another,
ALI ANWAR
|
| Citations |
2006 SLD 2996,
2006 PLD 474
|
| Other Citations |
Muhammad Ali Kazi v. The State 1994 PCr.LJ 430,
Jan Muhammad v. Gaman Khan 1995 PCr.LJ 1371,
Muhammad Saleem v. Fazal Muhammad 2001 SCMR 1738
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
561A,
202,
355,
427,
506(2),
451,
342,
220,
119,
147,
149
|