| Case ID |
3720bc98-c306-4314-8fcc-331326fcaaee |
| Body |
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| Case Number |
Criminal Miscellaneous Application No.283 of 2008 |
| Decision Date |
Jan 26, 2009 |
| Hearing Date |
|
| Decision |
The Sindh High Court set aside the order of the Ex-officio Justice of Peace that dismissed the application for registration of the F.I.R. It was determined that the Ex-officio Justice of Peace had improperly considered pending civil litigation in refusing to register a criminal case. The court emphasized that the statutory duty under Section 154 of the Criminal Procedure Code mandates the registration of information regarding cognizable offenses. The case was remanded back to the Ex-officio Justice of Peace to pass an order without being influenced by the police report or civil litigation. |
| Summary |
In the case of Kahar Khan vs. Additional Sessions Judge, the Sindh High Court addressed the issue of registering a First Information Report (F.I.R.) under the Criminal Procedure Code. The case highlights the importance of adhering to the statutory obligations imposed by Section 154 of the Criminal Procedure Code, which mandates police to record information regarding cognizable offenses. The High Court ruled that the Ex-officio Justice of Peace had erred in dismissing the application based on unrelated civil litigation, emphasizing that the registration of a criminal case should not be influenced by such matters. This ruling is significant for legal practitioners and advocates, as it reinforces the procedural integrity in handling cognizable offenses. The decision serves as a precedent to ensure that applicants are afforded their rights to have their complaints registered without undue influence from extraneous factors. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Nadeem Azhar Siddiqi
|
| Lawyers |
Muhammad Sachal R. Awan,
Mukhtar Ahmed Khanzada
|
| Petitioners |
KEHAR KHAN
|
| Respondents |
3 others,
ADDITIONAL SESSIONS JUDGE AND EX-OFFICIO JUSTICE OF PEACE, KOTRI
|
| Citations |
2009 SLD 3377,
2009 PCRLJ 634
|
| Other Citations |
Muhammad Bashir v. Station House Officer, Okara Carat and others PLD 2007 SC 539
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
22-A,
22-B,
154,
561-A
|