Paresh vs State S — 2025 YLR 2797 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 2797 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Paresh vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 506; S. 25-D---C; S. 161; S. 164; Penal Code (XLV of 1860); Telegraph Act (XIII of 1885); PECA Ordinance

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

Paresh VS State S. 497---Penal Code (XLV of 1860), S. 506(ii)---Telegraph Act (XIII of 1885), S. 25-D---Criminal intimidation, penalty for causing annoyance---Bail, grant of---Further inquiry---Allegations against the accused-petitioner were that he blackmailed the daughter of complainant on phone by recording her video---As per statement in FIR or the statement recorded under S.161, Cr.P.C., the victim had not alleged that video had been recorded by the applicant/accused, nor the motive had been defined in FIR or the statement under S.161, Cr.P.C---As per record, the interim challan had not been presented before the Judicial Magistrate---From the perusal of report of Forensic Science Laboratory the objectionable video of the victim was not available thus the Forensic Report neither supported the prosecution nor the applicant/accused---In the present case, admittedly neither the extortion money had been demanded nor the motive had been explained in the FIR nor in the statement before the Investigating Officer nor in the un-presented interim challan---In the present case, victim had not recorded her statement under S.164, Cr.P.C., nor the prosecution had presented interim challan before the Judicial Magistrate by applying provision of PECA Ordinance, 2016---Prima facie, it was a case of further inquiry---Bail application was allowed, in circumstances.

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