Dr. MUBEENUDDIN KHAN vs KHURRAM SHAHZAD Ss — 2022 PCrLJ 1447 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1447 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: Dr. MUBEENUDDIN KHAN vs KHURRAM SHAHZAD Ss
Subject matter: Criminal
Provisions referred to: S. 29; Sindh Health Care Commission Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. MUBEENUDDIN KHAN VS KHURRAM SHAHZAD Ss. 29 & 28---Constitution of Pakistan, Art. 199---Constitutional petition---Immunity---Jurisdiction of Commission for adjudication of fine---Criminal proceedings, initiation of---Scope---Accused persons sought quashing of FIR registered on the direction of Justice of Peace while claiming protection under S. 29 of Sindh Health Care Commission Act, 2013---Validity---Accused persons were found guilty of the negligence and professional misconduct by Sindh Health Care Commission after thorough inquiry conducted on the complaint of respondent and fine was also imposed---Respondent, thereafter, had approached the Justice of Peace after exhausting the remedy available to him under the Sindh Health Care Commission Act, 2013, through an application under Ss. 22-A & 22-B, Cr.P.C. which was allowed---Case against the accused persons was challaned before the Court having jurisdiction---Criminal as well as civil law could be set into motion simultaneously---Factual controversy could not be taken into consideration by the High Court through constitutional petition---Constitutional petition was dismissed.

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