2016 MLD 1067 KARACHI-HIGH-COURT-SINDH

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ASIF AZEEM SHAIKH VS The STATE through Home Secretary, Sindh PLD 2009 Kar. 120, Criminal Procedure Code (Cr.P.C) 1898--173 , Pakistan Penal Code 1860--319 , S. 173---Penal Code (XLV of 1860), S. 319---Qatl-i-Khata---Disposal of case under "C" class, instead of "B"---Petitioner, was aggrieved by order of Judicial Magistrate, whereby case against him was disposed of under "C" class---Police, could dispose of a case under either of the class "A", which had been defined as true case, but accused untraced; "B" class as maliciously false cases; and disposal under "C" class, would mean that case was neither true, nor maliciously false, or a non-cognizable offence---Contention of the petitioner was that case of respondent, should have been disposed in "B" class, so that the legal repercussions contemplated under the law to meet such situation could follow against the respondent---Dispute between the parties over tenancy of the house was not denied---Trial Court in an inquiry had held the respondent, responsible for causing eviction of the petitioners from the house by illegal method, which indicated that things were not normal between the parties; and they were to a certain extent inimical to each other---Determination of malice on the part of respondent to supply false information to the Police about death of his mother, to lodge a criminal case against the petitioner accusing him of that incident, was altogether a different exercise in the eyes of law; it had to be ascertained by examining all the facts reported by the complainant of the FIR---Contents of subject FIR had shown that mother of respondent, died due to an alleged shove to her by the petitioner in the heat of argument which caused (allegedly) some hidden head-injury to her---Evidence to that end was not found by the Investigating Officer; nor he inferred that such information was maliciously false; and was used against the petitioner to gain possession of house, and case was disposed of under "C" class---Death of mother of respondent at the hands of the petitioner, was reported to be a result of an accident; and not the result of premeditated conspiracy, or act on the part of the petitioner---Action occurring afterwards, which included arrest of petitioner, and sending him to Police remand, did not establish conclusively that information provided by the respondent for registration of FIR was maliciously false---Subsequent actions, allegedly committed by the respondent to take possession of his house, could be actionable and justiciable in due course of law, but would not be read to have proved information supplied by him concerning death of his mother as false entailing a legal action against him---Magistrate could not find any clue, and disposed of the case in "C" class agreeing with the opinion of Investigating Officer---Law had provided an adequate remedy to a person who was forced to withdraw his suit under the pretence of compromise with the opposing party; and in the face of his dispossession from immovable property, without due course of law, he could seek help of various relevant laws regulating determination of such dispute---Petitioner, would be at liberty to avail further remedy against the respondent in accordance with law.