104/2019 Criminal Miscelleneous SHOUKAT ALI KHATIAN & OTHERS (Applicant) V/S THE IST ADJ, KARACHI SOUTH & ANOTHER (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 13-MAY-19
Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 154---Order of ex-officio Justice of Peace to register FIR---Scope---Application under S.22-A, Cr.P.C. was allowed by the Justice of Peace and SHO was directed to register the case in accordance with law---Validity---Station House Officer had no authority to refuse to record the statement of complainant in the relevant register irrespective of its authenticity/ correctness or falsity of such statement---High Court was not supposed to comment on the possible outcome of the inquiry and investigation which was to be conducted by SHO after recording statement of respondent---Whatever was the stance of the applicants, it should first be brought to the notice of SHO to falsify the statement of respondent, if any, incorporated in the FIR---If the statement of respondent after inquiry and investigation found to be false, the SHO could prosecute respondent under S. 182, P.P.C.---Criminal miscellaneous application was dismissed accordingly. Brig. (Retd.) Imtiaz Ahmad v. Government of Pakistan through Secretary, Interior Division, Islamabad and 2 others 1994 SCMR 2142 ref. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 and Younas Abbas and others v. Additional Sessions Judge Chakwal and others PLD 2016 SC 581 rel.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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