Citation Name: 2025 MLD 1680 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Anwar vs Superintendent of Po

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Citation Name: 2025 MLD 1680 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Anwar VS Superintendent of Police Complaint Cell District Hyderabad Ss. 561-a, 22-a & 22-B---Inherent powers of High Court under S. 561-a, Cr.P.C.---Scope---Powers of Ex-officio Justice of Peace---application of the petitioner for the registration of FIR was turned down by Ex-officio Justice of Peace---Validity---Complainant-petitioner alleged that he entered into nikah with a widow lady/proposed accused No. 1 against dower amount of Rs. 50,000/- and he extended loan amount of Rs. 5,00,000/- to her relatives, the proposed accused Nos. 2 to 4, however, rukhsati was refused due to quarrel between the parties, and respondent No. 1 started demanding khula---allegedly, complainant against harassment by the proposed accused persons lodged two complaints---applicant further alleged that he was kidnapped by proposed accused who harassed and threatened him to pronounce talaq upon his wife, (proposed accused)---applicant produced copy of an early hand written application filed by him to the DIG Police---Contents of said application dated 14.10.2024 clearly revealed that no allegation of any cognizable offence was alleged therein but the applicant imputed allegations of bad character against the proposed accused/wife of applicant and demanded to lodge FIR against her solely for recovery of the loan amount of Rs.5,00,000/- and dower amount of Rs. 50,000/----Surprisingly, that first application was not disclosed before the Ex-officio Justice of Peace---apparently, in the first two applications, applicant demanded lodging of FIR without even alleging any offence, whereas this time he had alleged the purported incident---For seeking discretionary relief, a person who sought equity and justice from the Court had to firstly disclose all the relevant facts and the ground realities before the Court; and secondly the conduct of the person seeking justice from the Court was also to be looked into, as the applicant must come before the Court with clean hands and without suppressing material facts from the Court---Claim of money transaction with his in-laws by the applicant and repeated applications by him appeared to be motivated with malice to subjugate and pressurize the proposed accused persons who, as claimed by the applicant himself, were his wife and her relatives, the same being matrimonial and financial issues of civil nature---Contradictions between such repeated applications were also worth noticing---From the record, it appeared that no cognizable offence had been made out and neither any witnesses nor any proof of such incident was placed, whereas the earlier application was also concealed---applicant had not approached the Court with clean hands, which was sine qua non for seeking discretionary---Purpose of filing consecutive complaints under S.22-a & B, Cr.P.C., was to impress upon his wife and in-laws---Neither any cognizable offence was made out from the complaint nor any infirmity in the order passed by the Ex-officio Justice of Peace could be found---application was dismissed, in circumstances.

Citation Name: 2025 MLD 1680 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Anwar vs Superintendent of Police Complaint Cell District Hyderabad Ss — 2025 MLD 1680 KARACHI-HIGH-COURT-SINDH

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