2011 PLP 1948 (SCMR)
ZAHOOR AHMED — Petitioner Versus I.-G. OF POLICE, PUNJAB and others — Respondents
| Citation | 2011 PLP 1948 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Jawwad S. Khawaja and Tariq Parvez, JJ |
| Parties | ZAHOOR AHMED — Petitioner Versus I.-G. OF POLICE, PUNJAB and others — Respondents |
| Primary Law | (a) Precedent, (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 1948 (SCMR)?
This judgment primarily cites: (a) Precedent, (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1948 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Jawwad S. Khawaja and Tariq Parvez, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1948 (SCMR) (ZAHOOR AHMED — Petitioner Versus I.-G. OF POLICE, PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Aslam, Advocate Supreme Court and Arshad Ali, Ch. Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 15th April, 2011.
Headnotes / Summary
(Against the judgment dated 2-11-2010 of the Lahore High Court, Bahawalpur Bench Bahawalpur passed in I.C.A. No.196/2010/BWP.).
Case law is dependent upon circumstances.
S. 200
Constitution of Pakistan, Art. 185(3)
Petitioner was aggrieved of closure of investigation by police and the same was maintained by High Court
In appropriate cases Supreme Court might interfere and direct re-investigation of a case
Petitioner did not present sufficient justification for overriding opinion of three Judges of High Court who had held that lodging of private complaint would constitute an adequate alternate remedy to petitioner
Leave to appeal was refused. Ghulam Sarwar Zardari v. Piyar Ali 2010 SCMR 624 and Muhammad Latif v. Sharifan Bibi 1998 SCMR 666 ref.
Judgment & Decree
JAWWAD S. KHAWAJA, J.
The petitioner's grievance is that the Police has closed the investigation of the case F.I.R. No.95 of 2010 dated 15-3-2010 lodged by him under section 302, P.P.C. registered with Police Station Taranda Muhammad Panah, District Rahim Yar Khan. The High Court through the impugned judgment has observed that the petitioner has an alternate remedy by way of filing a private complaint. Learned counsel for the petitioner states that the observation in the impugned judgment that the Court cannot interfere in the proceedings of investigation, is not legally well founded. In support of this contention he has cited case-law including cases titled Ghulam Sarwar Zardari v. Piyar Ali (2010 SCMR 624) and Muhammad Latif v. Sharifan Bibi (1998 SCMR 666). Case-law is dependent upon circumstances. We are not inclined to interfere in the order firstly passed by a learned Single Judge in Chambers in the High Court and affirmed by a learned Division Bench in ICA.
2. In appropriate cases it is true the Court may interfere and direct the reinvestigation of a case. This petition, however, does not present sufficient justification for overriding the opinion of the three Judges of the High Court who have held that the lodging of a private complaint will constitute an adequate alternate remedy to the petitioner.
3. In the foregoing circumstances, we do not find any merit in this petition. The same is, therefore, dismissed and leave to appeal is declined. M.H./Z-5/SC Petition dismissed.