54/2014 Cr.Misc. MST. MARIA D/O LATE SHAFIQ AHMED (Applicant) V/S THE SHO PS GIZRI (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-APR-14
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 561-A---Applicant/one of the sisters of the victim, had impugned the order passed by Justice of Peace, whereby her prayer for issuance of direction to concerned S.H.O. for registration of F.I.R. against accused had been dismissed---Earlier, S.H.O. concerned, in collusion with main accused had lodged F.I.R., allegedly on the complaint of other sister of the victim, but said F.I.R. failed to reflect true facts and real incident reported by the complainant; her statement was not properly incorporated in the F.I.R.---Applicant, on having come to know about manipulation in the F.I.R., filed application under S.22-A, Cr.P.C. for registration of separate F.I.R.---Justice of Peace, on the report of S.H.O. to the effect that second F.I.R. could not be lodged for the same incident as alleged by the complainant, dismissed application filed under S.22-A, Cr.P.C. and applicant had filed application under S.561-A, Cr.P.C. for setting aside said order---Collusion of Police with accused had been confirmed---Justice of Peace had not relied upon any authority, and had ignored the two judgments of the High Court, which were binding upon her in terms of Art.189 of the Constitution---Impugned order was set aside by High Court and application was allowed as prayed---S.H.O. was directed to record the statement of the applicant. 2013 PCr.LJ 117 and 2013 PCr.LJ 660 distinguished. 2001 SCMR 1556 and PLD 2005 SC 297 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---first Information Report---Right to contest contents of F.I.R.---Scope---Accused was not entitled to contest the contents of F.I.R. before it was registered against him---Accused would have right to approach the court only after the lodging of F.I.R. and could take any defence at the trial.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.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.