Munawar Ali vs State Ss — 2025 YLR 2791 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 2791 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Munawar Ali vs State Ss
Subject matter: Criminal
Provisions referred to: S. 561-; S. 154

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

Munawar Ali VS State Ss. 561-a, 22-a & 154---Inherent powers of High Court under S. 561-a, Cr.P.C.---Scope---Powers of Ex-officio Justice of Peace---Order passed by Ex-officio Justice of Peace for the registration of FIR---Petitioner sought quashing of the same---allegations levelled by the respondent No.3/complainant and defense raised by applicants involved disputed questions of fact which required a thorough probe---Such matters could not be adjudicated upon in proceedings under S.561-a,Cr.P.C.---Inherent jurisdiction of the High Court was to be exercised sparingly only in cases where interference was necessary to prevent abuse of process of law and to secure the ends of justice---Whether the applicants were vicariously liable or not and whether the version of complainant was credible or otherwise, were matters that fell within exclusive domain of the Investigating Officer---Such questions could only be determined after proper investigation and collection of evidence---at this stage, no conclusive opinion could be formed or expressed by the High Court as it might prejudice the case of either party---Impugned order passed by Justice of Peace was maintained---SHO Police Station concerned, who had been directed to record statement of complainant and, if a cognizable offence was made out, to incorporate in S. 154 Cr.P.C. Register may proceed in accordance with law---However, it was observed that unless some tangible incriminating evidence surfaced during the investigation, no arrest shall be effected against the applicants/accused---Criminal Miscellaneous application was disposed of accordingly.

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