| Case ID |
42d13aaf-ead9-486a-862d-13e5ac0dbca5 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. S-113 of 20 |
| Decision Date |
Apr 29, 2014 |
| Hearing Date |
Apr 11, 2014 |
| Decision |
The Sindh High Court set aside the impugned order dated 24-01-2014 passed by the Judicial Magistrate, Mirpurkhas, which had taken cognizance of the offence against the applicants. The court found that the magistrate did not consider the police report, which recommended the case for disposal under 'C' class, nor did it appreciate the previous enmity between the parties. The court emphasized that the police report is not binding upon the court and must be viewed in the context of the facts of the case. The prior accusations against the complainant were significant, and the magistrate's decision lacked a judicious examination of evidence. Therefore, the order was overturned. |
| Summary |
In the case of Sindh High Court's Criminal Miscellaneous Application No. S-113 of 2014, the court addressed significant issues related to the Criminal Procedure Code and the Penal Code, particularly concerning sections 173, 457, 380, and 511. The applicants, represented by Bhagwandas Bheel, challenged the order of the Judicial Magistrate which had taken cognizance of an offence without adequately considering the police investigation that suggested a lack of evidence. The case highlighted the importance of judicial discretion and the need for thorough consideration of facts, especially in light of the previous enmity between the parties involved. The decision to set aside the magistrate's order underscores the judicial system's commitment to ensuring fairness and justice, particularly in criminal matters where accusations can have severe implications. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
HASAN FEROZ
|
| Lawyers |
Bhagwandas Bheel for Applicants,
Mushtaque Ahmed Abbasi, DDPP for Respondent
|
| Petitioners |
SUDHEER AND 3 OTHERS
|
| Respondents |
FAMILY JUDGE AND 4 OTHERS
|
| Citations |
2014 SLD 653,
2014 MLD 1477
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
173,
457,
380,
511
|