Ishaque Thaheem vs The DIG Police Hyderabad Ss — 2025 YLR 2221 KARACHI-HIGH-COURT-SINDH

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Ishaque Thaheem VS The DIG Police Hyderabad Ss. 561-a & 22-a---Inherent powers of High Court under S. 561-a, Cr.P.C.---Scope---Powers of Ex-officio Justice of Peace---Petitioner assailed order passed by Ex-officio Justice of Peace and sought its quashing---Ex-Officio Justice of Peace issued directions under Ss.22-a & B, Cr.P.C., to record the statements of injured persons and witnesses---Such directions were neither arbitrary nor extraneous but were intended to ensure a comprehensive investigation and uncover the truth---applicants' claim that this amounted to a second version of the incident was untenable---Police must investigate all perspectives, even those that emerged belatedly---Reinvestigation of a criminal case was not barred, and police authorities were legally permitted to file a supplementary challan even after submitting the final report under S.173, Cr.P.C.---However, that was subject to the condition that the Trial Court had not yet disposed of the case on merits, barring certain exceptions---Final challan submitted on 04.09.2024 did not render the investigation immutable---Inclusion of the applicants as accused, based on subsequent statements, was neither unlawful nor tainted with malice but represented a valid exercise of investigative discretion---applicants' plea for quashing the proceedings at this stage was premature---Since the Trial Court had already taken cognizance of the case, the appropriate forum to assess the merits of the evidence was during trial---Under S.561-a,Cr.P.C., High Court could not summarily terminate proceedings merely because the applicants disputed their involvement---Law required such objections to be addressed during trial, where the credibility of the allegations could be tested through evidence and cross-examination---Furthermore, the applicants had failed to establish any jurisdictional defect or violation of natural justice in the impugned order---Trial Court provided cogent reasons for directing the recording of statements, ensuring adherence to procedural fairness---Investigation Officer's actions, being in compliance with statutory mandates, did not warrant judicial interference---It was evident from the record that the applicants had not demonstrated any special or exceptional circumstances justifying the quashing of the pending proceedings---Criminal miscellaneous application was dismissed, in circumstances.

Ishaque Thaheem vs The DIG Police Hyderabad Ss — 2025 YLR 2221 KARACHI-HIGH-COURT-SINDH

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