HAMID ALI vs 1st ADDITIONAL SESSIONS JUDGE AND EX-OFFICIO JUSTICE OF PEACE Ss — 2022 YLR 1778 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1778 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: HAMID ALI vs 1st ADDITIONAL SESSIONS JUDGE AND EX-OFFICIO JUSTICE OF PEACE Ss
Subject matter: Criminal
Provisions referred to: S. 561-

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

HAMID ALI VS 1st ADDITIONAL SESSIONS JUDGE AND EX-OFFICIO JUSTICE OF PEACE Ss. 22-a & 22-B---Ex-officio Justice of Peace, powers of---Scope--- applicant / proposed accused assailed the findings of Justice of Peace whereby SSP was directed to record the statement of the complainant---Held; throwing out the complaint without giving the complainant an opportunity to prove the allegations by recording statement would be improper in exercise of powers under S. 561-a, Cr.P.C. and would amount to serious departure from normal course---If the SSP was restrained from investigating the matter in the beginning, his statutory obligation and duty, it would tantamount to distracting him from normal course---applicant had failed to show as to how the allegations mentioned in the complaint were outcome of malice or ulterior motives and/or against the principles of natural justice---application was dismissed, in circumstances.

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