Mumtaz Jutt vs Senior Superintendent of Police Sukkur Ss — 2025 YLR 2230 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 2230 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Mumtaz Jutt vs Senior Superintendent of Police Sukkur Ss
Subject matter: Criminal
Provisions referred to: S. 561-

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

Mumtaz Jutt VS Senior Superintendent of Police Sukkur 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---Petitioner stated that the proposed accused had felled three trees from his land---In the present case, the brother of applicant settled his dispute as reported by SHO; such fact was neither controverted by applicant nor was any ground taken in instant petition that police malafidely or in collusion with proposed accused prepared false report before Ex-officio Justice of Peace---Brother of applicant was not a witness to support the version of applicant while as per report he was owner of land who settled his dispute and even the properties of the parties were adjacent to each other with no distinct boundaries making it difficult to distinguish between them---Perusal of record showed that there was no intention for commission of any offence for the reason that guilty intention was always important ingredient of offence as provided by the maxim "actus non facit reum nisi mens sit rea" (the act is not guilty until the mind is guilty)---Petition was dismissed, in circumstances.

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