ABDUL RAHEEM SHAH vs GOVERNMENT OF SINDH through Secretary Ministry of Interior Ss — 2022 PCrLJ 661 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 661 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: ABDUL RAHEEM SHAH vs GOVERNMENT OF SINDH through Secretary Ministry of Interior Ss
Subject matter: Criminal
Provisions referred to: S. 173

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

ABDUL RAHEEM SHAH VS GOVERNMENT OF SINDH through Secretary Ministry of Interior Ss. 561-a, 173 & 154---Inherent powers of High Court---Report of Investigating Officer---Information in cognizable cases---Scope---applicant sought quashing of trial against him on the ground that he had reported the incident in the capacity of a complainant and that he had killed the deceased in his self-defence---Held, opinion of Investigating Officer was influenced by different pieces of evidence which the Trial Court had found to be sufficient for holding a trial---Investigating officer was not required to be guided and controlled by the story of the FIR---Where the information collected in the investigation showed the manner of commission of offence, its background and the person who had done it otherwise than the one expressed in the FIR, the complainant's version of events would only be considered as a first information of the incident and nothing more, which on account of discovery of different facts would not be accepted by the investigating officer as true reflection of the incident and he would not be obliged to approve it for the trial---Investigating officer was required to unearth actuality of the matter irrespective of version disclosed in FIR and in the process was expected to collect information from all the persons who seemed to be acquainted with the facts and circumstances of the case---Based on such collection he had to make a final opinion to be submitted in the court under S. 173, Cr.P.C., for holding a trial--- If during such process, evidence pointed unambiguously to the complainant having played accused in the incident his place would be transposed and he would be made as accused regardless of his status in the FIR---application was dismissed.

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