114/2024 Criminal Miscelleneous MUHAMMAD ADEEL AKHTAR (Applicant) V/S THE STATE & ORS (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
114/2024 Criminal Miscelleneous MUHAMMAD ADEEL AKHTAR (Applicant) V/S THE STATE & ORS (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 09-JUL-24
A bare perusal of the afore-quoted provision of law makes it clear that whenever an overt act is materialized and ended into an overt act, the provision of Section 506(ii) PPC would not be applicable and the only provision that will remain in the field is the overt act, which is committed in consequence of criminal intimidation. On the aforesaid proposition, I am guided by the decision of the Supreme Court in the case of Rana Muhammad Imran Nasarullah Vs. The State 2022 SCMR 1946. However, in the present case, the complainant simply stated that the accused came to his house and on the pointation of a pistol extended threats of dire consequences, intimidated him to sign a divorce deed and other documents, and left such house after intimidation However the subject act was no materialized and ended into an overt act for the investigating officer opined that no such incident ever took place and the complainant had falsely roped the accused in the case.