Habib Sugar Mills (Pvt.) Ltd. vs State Ss — 2026 MLD 157 KARACHI-HIGH-COURT-SINDH

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Habib Sugar Mills (Pvt.) Ltd. VS State Ss. 561-a & 133---Quashing of order---Inherent power of High Court---Public nuisance---Scope---application under S.133, Cr.P.C., was filed by private respondent against applicant, who was alleged to have disposed waste water from its factory which was injurious to health---Such allegations were challenged on the grounds inter alia that the matter was already addressed at various forums---Validity---Perusal of the record reflected that earlier identical applications under S.133, Cr.P.C., were filed against the same Mill of applicant by one "aWa" who later on also approached the High Court under art.199, wherein Mukhtiarkar Revenue was appointed as Local Commissioner to inspect the site and report from concerned SHO Police Station were also called---Both such reports negated the allegations against the applicant and the petition was accordingly dismissed vide order dated 26.09.2018---Record further reflected that in the present case also, an application for appointment of Local Commissioner to inspect the site was made which was allowed and Report from the concerned SHO was also called, who in his report dated 25.02.2021 reported that no nuisance had been caused by the applicant but there was some dispute between some local community and the applicant over some agricultural land---Concerned Mukhtiarkar also filed his inspection report---Considering the said facts, the application under S.133, Cr.P.C., was dismissed by the Magistrate after hearing the parties---Moreover, it appeared that in the Criminal Revision application, a statement dated 09.08.2021 was filed by the private respondent for withdrawal of revision application and based whereon vide order dated 09.08.2021 the revision was ordered to be dismissed as withdrawn by the Court---It was alleged by applicant that once the revision application was dismissed as withdrawn, the Sessions Judge had no jurisdiction to pass any further order in the same case, yet the impugned order dated 27.04.2022 was passed---Study of the subject showed that principle of functus officio had been strictly followed in every variety of law, as for instance, a Magistrate became functus officio once the Sessions Court took cognizance of the matter---Upon dropping of proceedings also the Magistrate became functus officio and lacked power to subsequently issue orders for attachment of property under S.145, Cr.P.C.----With respect to powers under S.561-a, Cr.P.C., it had been held that although legislature had equipped the High Court with ample inherent power under S.561-a, Cr.P.C., however after disposal of a criminal matter, it became functus officio; it could not review or sit in appeal against its own orders passed in criminal jurisdiction, except correction of clerical errors---Even under the constitutional jurisdiction this principle was followed that after passing of an order for withdrawal of a petition as not pressed, the Court became functus officio and correction of the same on merits under S.151 or 152, C.P.C, was not permissible---On the other hand, perusal of reports from the concerned Mukhtiarkar and SHO also did not point towards any illegality being committed by the applicant whereas a complete mechanism for protection of environment was also available under the Sindh Environment Protection authority act, 2014---Further, it was clearly reported that no particular incidence of nuisance caused due to water ponds or storage of black mud by the mill to any person was found---Petition was allowed, accordingly.

Habib Sugar Mills (Pvt.) Ltd. vs State Ss — 2026 MLD 157 KARACHI-HIGH-COURT-SINDH

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