JAVED NISAR vs JALALUDDIN Ss — 2023 YLR 621 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 621 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: JAVED NISAR vs JALALUDDIN Ss
Subject matter: Criminal
Provisions referred to: S. 173; S. 561-A; Criminal Procedure Code (V of 1898); Criminal Procedure Code

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

JAVED NISAR VS JALALUDDIN Ss.342, 354, 452, 504, 506-B & 109---Criminal Procedure Code (V of 1898), Ss. 173 & 561-A---Inherent jurisdiction of High Court---Quashing of FIR---Wrongful confinement; assault or criminal force to woman with intent to outrage her modesty; house-trespass after preparation for hurt; assault or wrongful restraint; intentional insult with intent to provoke breach of the peace; criminal intimidation; and abetment were the allegations made in FIR registered against respondent---Complainant was aggrieved of order passed by Trial Court approving Final Investigation Report under S. 173, Cr.P.C. as "C" Class case---Validity---Case had come within the ambit of B-Class and not C-Class and final report under "C" Class submitted by investigating officer was not in accordance with law, who under the law should have submitted final report under "B" Class---Though Trial Court properly discussed the substance of the matter and passed speaking order with sound reasons but at the same time he did not follow ingredients of order passed by High Court earlier---If Trial Court could have followed earlier order of High Court, he would have come to the conclusion that matter was within the ambit of B-Class and not under C-Class and he should have disposed of the matter in B-Class---Inherit powers were conferred under S. 561-A, Cr.P.C. upon High Court to make such orders as could be necessary to give effect to any order under Criminal Procedure Code 1898 or to prevent abuse of process of any Court or otherwise to secure the ends of justice---High Court in exercise of power under S. 561-A, Cr.P.C., modified order passed by Trial Court and disposed of the matter in B-Class---Application was allowed accordingly.

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