530/2024 Criminal Miscelleneous Babar Ali (Applicant) V/S SSP Sanghar & others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 26-SEP-24
It is evident from the contents of application under sections 22-A & B Cr.P.C filed by respondent Akbar Ali and FIR No.106/2024 lodged by applicant Babar Ali in respect of same incident, that it is a case of free fight between both the parties and both of them received injuries at the hands of each other; therefore, as per dictum laid down by the Supreme Court in its landmark judgment in the case of Mst. Sughran Bibi Vs. The Stte [PLD 2018 SC 595], the second FIR of the same incident was/is unwarranted. In a recent unreported case of Munawar Alam Khan Vs. Qurban Ali Malano & others [Criminal Petition No.31-K of 2022] decided on 08-04-2024, the Supreme Court while dealing with similar matter, discussed the proposition qua lodging second FIR of the same incident. The relevant portion reads as under:- 6. A common culture prevailing with our society and often chosen by the legal fraternity is to settle the disputes by converting them into criminal prosecution against each other which, in our candid view, is apparent on the record owing to the reason that there are other cases running in Court inter se the parties. After having received kicks and fists blows at the hands of the respondents, the petitioner has remained successful in seeking a direction for lodging an FIR from the trial Court, whereas FIR bearing No.98 of 2019 was also lodged against the petitioner in a similar context by some Advocates of accused/respondents' group.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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