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LIAQUAT ALI ABBASI vs State Ss — 2022 PCrLJN 78 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 78 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
LIAQUAT ALI ABBASI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164; 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

LIAQUAT ALI ABBASI VS State Ss. 22-a(6)(i) & 22-B---application for registration of case before Ex-officio Justice of Peace was allowed---Scope---Record showed that the proposed accused being SHO and his subordinates apprehended the private respondent and robbed his two mobile phones, original CNIC and cash from his possession and then kept him under wrongful confinement at the police station---at about 10.00 p.m., the proposed accused/Police Officials caught hold the complainant, whereas, the other proposed accuse/SHO made a direct fire on his right leg below the knee and then by showing a fake police encounter lodged FIRs---Version as set out in one of the FIRs by the SHO was belied by both the ladies allegedly recovered after an encounter---Statement of both the ladies was got recorded under S. 164, Cr.P.C. in which they denied their recovery after a police encounter---Further, both the ladies had sworn their affidavit before the Court in which they denied their recovery after police encounter---However, the case of the complainant was that when he was present in the kiryana shop, the Police Officials forcibly kidnapped and brought him to the police station and robbed two mobile phones, cash and original CNIC from him and on the same day, whereas, proposed accused/Police Officials caught hold his right leg and other proposed accused/SHO fired a pistol shot upon his right leg below the knee and blood started oozing---Investigating Officer had not considered all the facts but to save the Police Officials who had registered a false criminal case of fake police encounter as well as causing firearm injuries to the private respondent on his right leg below the knee---Investigating Officer was duty bound to find out the truth of the matter under investigation---In the present case, the Investigating Officer had not given a finding regarding the version of private respondent while filing the report under S. 173, Cr.P.C., before the concerned Magistrate---Investigating Officer had not performed his duty honestly impartially rather he had saved other Police Officials by implicating private respondent in the alleged offence---Version of private respondent/complainant could not be disbelieved---Consequently, the criminal miscellaneous applications were dismissed and the impugned order passed by Ex-Officio Justice of Peace was maintained.

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