MUHAMMAD FAREED NOORANI vs MUHAMMAD RASHID NOORANI Ss — 2022 YLRN 70 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD FAREED NOORANI VS MUHAMMAD RASHID NOORANI Ss.561-a, 173 & 195---Penal Code (XLV of 1860), Ss.182 & 381---Order of cancellation of FIR, setting aside of---Both complainant and accused were aggrieved of the order whereby Judicial Magistrate cancelled the FIR on a summary placed by Investigating Officer under 'B' Class after treating the said summary under 'C' Class---Contention of accused was that by lodging a false report the complainant of the alleged offence had exposed himself for taking action under S.182, P.P.C.---Validity---Taking action under S.182, P.P.C., was solely under the discretion of the police officer concerned to whom a false information of cognizable offence was given and in his discretion none could interfere and even no judicial direction could be given to him in that regard---In view of the bar imposed under S.195, Cr.P.C., according to which in all offences punishable under Ss.172 to 188, P.P.C., no Court could take cognizance except on a written complaint of the concerned public servant or some other public servant to whom he was subordinate---Issuing such direction to S.H.O. by a Magistrate amounted to take cognizance, which was prohibited under the provision of S.195, Cr.P.C.---If complainant had every evidence with him and his control against the accused, he did not require any assistance of the State for collection of evidence, which was required in FIR cases---Proper course available with the complainant was to file a private complaint, which was equally rather more efficacious proceeding in respect of his grievance---Both the miscellaneous applications were dismissed.

MUHAMMAD FAREED NOORANI vs MUHAMMAD RASHID NOORANI Ss — 2022 YLRN 70 KARACHI-HIGH-COURT-SINDH

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Judgment text as reported