| Case ID |
3786f113-f869-44ef-ae13-7b472f801eb9 |
| Body |
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| Case Number |
Crl. P. No. 99-K of 2018 |
| Decision Date |
Apr 02, 2024 |
| Hearing Date |
Apr 02, 2024 |
| Decision |
The Supreme Court of Pakistan converted the Criminal Petition into an appeal, allowing it and setting aside the impugned order passed by the High Court of Sindh. The Court directed the Station House Officer of Police Station 'A' Section, Ghotki, to implement the order of the Justice of Peace and to act strictly in accordance with the law. This decision emphasized the importance of the registration of FIRs in accordance with the provisions of the Criminal Procedure Code and clarified the role of the Justice of Peace in ensuring that grievances are addressed without impeding the investigative process. |
| Summary |
In the case of Syed QAMBER ALI SHAH vs. PROVINCE OF SINDH, the Supreme Court of Pakistan addressed the issue of the registration of FIRs and the jurisdiction of the Justice of Peace under the Criminal Procedure Code, 1898. The petitioner alleged that his brother was abducted, and despite the initial orders of the Justice of Peace to register an FIR, the High Court had set aside this order. The Supreme Court ruled that the High Court overstepped its jurisdiction by assuming the role of an investigator and disregarding the procedural rights of the petitioner. The Court reinstated the order of the Justice of Peace, emphasizing the necessity for police to record FIRs and initiate investigations into cognizable offences. This case underscores the significance of proper legal procedures in the administration of justice, ensuring that the rights of complainants are protected while maintaining the integrity of the investigative process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
High Court of Sindh,
Justice of Peace,
Police Station Ghotki
|
| Judges |
Muhammad Ali Mazhar,
Irfan Saadat Khan
|
| Lawyers |
Mrs. Abida Parveen Channar,
Mr. Hakim Ali Shah,
Mr. Sagheer Abbasi,
Mr. Saleem Akhtar,
Mr. K. A. Wahab,
Dr. Sumair Noor,
Mr. Mushtaq Abbasi,
Malik Naeem Iqbal
|
| Petitioners |
Syed QAMBER ALI SHAH
|
| Respondents |
PROVINCE OF SINDH and others
|
| Citations |
2024 SLD 4762,
2024 PLJ 216
|
| Other Citations |
PLD 2018 SC 595,
(2010) 12 SCC 254,
PLD 2007 SC 539,
1994 SCMR 2142,
(1978) 3 All ER 280 at 290,
(1971) AC 297 at 308
|
| Laws Involved |
Criminal Procedure Code, 1898
|
| Sections |
22-A,
154,
155,
561-A,
169,
173
|