2005 P Cr (PLP)
SHAH NAWAZ‑‑‑Petitioner Versus Raja TANVEER and 7 others‑‑‑Respondents
| Citation | 2005 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Ghulam Nabi Soomro, J |
| Parties | SHAH NAWAZ‑‑‑Petitioner Versus Raja TANVEER and 7 others‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Ghulam Nabi Soomro, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 P Cr (PLP) (SHAH NAWAZ‑‑‑Petitioner Versus Raja TANVEER and 7 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.M. Naqvi for Petitioner.
- Date of hearing: 20th October, 2003.
Headnotes / Summary
‑‑‑‑Ss. 22‑A & 25 [as added and amended by Code of Criminal Procedure (Third Amendment) Ordinance (CXXXI of 2002)‑‑ Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑ Maintainability‑‑‑Registration of criminal case‑‑‑Direction to police‑‑ Petitioner had sought directions to Police Officers for registration of a criminal case‑‑‑Validity‑‑‑Under provisions of S.22‑A(6), Cr.P.C. complaint regarding non‑registration of criminal case could be made before ex officio Justice Of the Peace which under S.25, Cr.P.C. was Sessions Judge‑‑‑Petitioner could approach Court of Sessions Judge concerned, if he had any more grievance‑‑‑Constitutional petition was not maintainable in view of alternate/adequate remedy available under law. Ms. Akhtar Rehana for the State along with S.‑I. Badar, Police Station Boat Basin, Karachi.
Judgment & Decree
Ms. Akhtar Rehana for the State along with S.‑I. Badar, Police Station Boat Basin, Karachi. Date of hearing: 20th October, 2003. Police report and other documents produced through learned counsel for the State are taken on record. The report reveals that the complaint of the petitioner discloses an offence of civil nature, which does not form a case of cognizable nature. The petitioner in this petition under Article 199 of the Constitution (1973), seeks directions to the respondent Police Officer for registration of a criminal case. Subsection (6) to section 22‑A, Cr.P.C. was added, vide Ordinance No.CXXXI of 2002 dated 21‑11‑2002, which, inter alia, lays down, that the complaint regarding non‑registration of criminal case may be made before ex officio justice of peace. Under section 25 of the Cr.P.C. every Sessions Judge, is an ex officio justice of peace, within and for whole of the District, of the Province in which he is serving. In view of the above legal position, the petitioner may approach the Court of Sessions Judge concerned, if he holds any more The office objection as, to the maintainability of this Constitution petition is upheld. This petition under Article 199 of the Constitution, would, thus, be not maintainable, in view of alternate/adequate remedy available under the law. Disposed of along with listed application. H.B.T./S‑79/K Order accordingly.