| Case ID |
3caf7ca5-5976-46bb-a580-3acba645a35e |
| Body |
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| Case Number |
Criminal Petition No.31-K of 2022 |
| Decision Date |
Apr 08, 2024 |
| Hearing Date |
Apr 08, 2024 |
| Decision |
The Supreme Court upheld the decision of the lower courts, finding that the petitioner's application under sections 22-A and 22-B of the Criminal Procedure Code was tainted with mala fide. The Court emphasized the importance of not lightly entertaining applications that may misuse the provisions of law, particularly when both parties are from the legal fraternity and have a history of animosity. The petitioner's claims were found to lack sufficient evidence, and the Court declined to grant leave to appeal, thereby dismissing the petition. |
| Summary |
This case revolves around the misuse of the provisions of sections 22-A and 22-B of the Criminal Procedure Code (V of 1898). The Supreme Court of Pakistan addressed a petition filed by Munawar Alam Khan against Qurban Ali Mallano and others, concerning an application for lodging an FIR and conducting an investigation. The Court highlighted the necessity for courts to carefully consider applications that might be motivated by personal animosity, especially in situations where both parties belong to the legal profession. The decision reaffirmed that the courts should not entertain such applications lightly, particularly when there is evidence of past conflicts between the parties. The ruling underscored the importance of maintaining integrity within the legal system and preventing the abuse of legal provisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIB AKHTAR,
SYED HASAN AZHAR RIZVI
|
| Lawyers |
Not available
|
| Petitioners |
MUNAWAR ALAM KHAN
|
| Respondents |
Others,
QURBAN ALI MALLANO
|
| Citations |
2024 SLD 2955,
2024 SCMR 985
|
| Other Citations |
Mst. Sughran Bibi v. The State PLD 2018 SC 595,
Rai Ashraf and others v. Muhammad Saleem Bhatti and others (PLD 2010 SC 691),
Trustees of the Port of Karachi v. Muhammad Saleem (1994 SCMR 2213),
The State v. Mushtaq Ahmed (PLD 1973 SC 418)
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
22-A,
22-B
|