Citation Name: 2025 YLR 1102 KARACHI-HIGH-COURT-SINDHBookmark this Case Hafeezullah Bajkani vs State Ss — 2025 YLR 1102 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1102 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 1102 KARACHI-HIGH-COURT-SINDHBookmark this Case Hafeezullah Bajkani vs State Ss
Subject matter: Criminal
Provisions referred to: S. 173; S. 190; Penal Code (XLV of 1860)

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

Citation Name: 2025 YLR 1102 KARACHI-HIGH-COURT-SINDHBookmark this Case Hafeezullah Bajkani VS State Ss. 561-a & 173----Penal Code (XLV of 1860), Ss. 302, 148 & 149---Quashing of proceedings---alternate remedy---Scope---Judicial Magistrate took cognizance of the report under S. 173, Cr.P.C submitted by the police, and the applicant, who was let-off during investigation, was joined and non-bailable warrants were ordered to be issued---Validity---admittedly, the applicant was nominated in the FIR with specific role of causing injuries to the deceased---Besides, the offence with which the applicant had been charged was exclusively triable by the Court of Session and carried capital punishment, therefore, the Judicial Magistrate after taking cognizance had submitted the case papers to the Court of Sessions as required by S.190(1), Cr.P.C which was the ultimate Court of trial, where it had been instituted---However, after assigning number to it, the case had been assigned to additional Sessions Judge (Trial Court)---Trial Court had also taken cognizance of the offence---Since the impugned order had been acted upon and had attained finality, hence it was not in existence or in the field---application was not maintainable and had become infructuous---Conse-quently, the application was dismissed---after taking cognizance by the Trial Court, alternate remedy was made available for the applicant which could be availed if so advised.

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