| Case ID |
eda9002a-8c9b-42b0-a11c-26c8c8534e57 |
| Body |
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| Case Number |
C.P. No. 457 of 2020 |
| Decision Date |
Jun 12, 2020 |
| Hearing Date |
Jun 10, 2020 |
| Decision |
The petition was dismissed by the Balochistan High Court, which found no substance in the claims made by the petitioner. The court ruled that the allegations made in the complaint were non-cognizable offences under the applicable sections of the Penal Code and Criminal Procedure Code. The Station House Officer was instructed to enter the information in the relevant book and refer the informant to the Magistrate. The court emphasized that the proper legal procedures were to be followed for non-cognizable offences, including the necessity of a Magistrate's order for any investigation. |
| Summary |
In this significant case from the Balochistan High Court, the petitioner, SANAULLAH, sought relief against alleged unlawful actions by the respondents, including interference in property and damage to a motorcycle. The court examined the nature of the offences cited, finding them to be non-cognizable under the Criminal Procedure Code. The ruling clarified essential aspects of non-cognizable offences, emphasizing the role of the Station House Officer and the necessity of a Magistrate's involvement in such cases. This case highlights the importance of adhering to legal protocols when dealing with non-cognizable offences and the limitations placed on law enforcement without proper judicial authority. The decision ultimately serves as a reminder of the legal framework governing non-cognizable crimes, ensuring that rights are protected while maintaining the rule of law. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ROZI KHAN BARRECH, J
|
| Lawyers |
Syed Saleem Akhtar
|
| Petitioners |
SANAULLAH
|
| Respondents |
3 others,
STATION HOUSE OFFICER POLICE STATION NUSHKI
|
| Citations |
2022 SLD 2190,
2022 MLD 990
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
22-a,
22-b,
155,
427,
504
|