Citation Name: 2025 MLD 1598 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Abbas vs Senior Superintendent

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Citation Name: 2025 MLD 1598 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Abbas VS Senior Superintendent Police Investigation-III Karachi Ss. 452, 506(B), 147, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 561-a---Inherent powers of High Court---Quashing of order---Complainant alleged that a group of five or more people unlawfully entered into his house with the intent to harm, disturb the peace, and threaten his family---Investigating Officer submitted a report for disposal of the case under "C" class---Judicial Magistrate agreed with the report of Investigating Officer vide order, which was impugned---Validity---In the present case, the police report revealed a contrary story with the narration that there was a dispute between a complainant/lawyer and his clients over unpaid legal fees---Complainant accused the clients of assault, but the police investigation found no supporting evidence---Witnesses claimed the complainant and his sons attacked the accused's house---One accused had an alibi and the complainant failed to seek medical attention for his allegedly injured sons---Due to insufficient evidence, the police released the accused and submitted a "C" class report to the Court which investigation report was accepted vide impugned order---Investigating Officer was responsible for conducting a thorough investigation, considering all evidence and perspectives---Final report should be based on facts, not just the complainant's version---Judicial Magistrate, empowered by S.190 of the Cr.P.C, had the authority to review the police report and decide whether to take cognizance of the case, regardless of the police's recommendation---"C-class" disposal did not necessarily mean the case was closed forever---Right to file a direct complaint was available to the complainant who had been aggrieved by the decision of the Presiding Officer of the anti-Terrorism Court to dispose of the case under the 'C' class---However, it was made clear that in a direct complaint, the burden of proof lied with the complainant---Criminal Miscellaneous application was disposed of accordingly.

Citation Name: 2025 MLD 1598 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Abbas vs Senior Superintendent Police Investigation-III Karachi Ss — 2025 MLD 1598 KARACHI-HIGH-COURT-SINDH

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