2010 PLP 293 (YLR)
MUHAMMAD HUSSAIN and 7 others — Applicants Versus ABDUL WAHID and 2 others — Respondents
| Citation | 2010 PLP 293 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Bin Yamin, J |
| Parties | MUHAMMAD HUSSAIN and 7 others — Applicants Versus ABDUL WAHID and 2 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 293 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 293 (YLR)?
The case was heard and decided by the Karachi bench comprising: Bin Yamin, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 293 (YLR) (MUHAMMAD HUSSAIN and 7 others — Applicants Versus ABDUL WAHID and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- BIN YAMIN, J.---Learned counsel for applicants contends that respondent No. 1 has filed false case against the applicants. His further contention is that the story of the case given in the application before the learned IInd Addl. Sessions Judge, Thatta, under section 22-A, Cr.P.C. for issuance of a direction to concerned S.H.O. to register the F.I.R. and the story given before the Police after registration of the case are quite different. He further contends that the time, place of incident and the witnesses cited in this case are also different from the one given before the learned IInd Addl. Sessions Judge, Thatta, therefore, no case has been made out against the applicants/accused. He, therefore requests that the application under consideration may kindly be admitted for regular hearing. However, the learned Advocate for applicants has candidly admitted that till date neither any challan has been filed before the court against the applicants nor he has approached any court under section 265-K, Cr.P.C. etc., for acquittal of the accused.
Headnotes / Summary
Ss.22-A & 561-A
Penal Code (XLV of 1860), Ss.324, 337-H(ii), 504, 506, 147, 148 & 149
Quashing of F.I.R.
Counsel for the applicants had contended that respondent had filed false case against the applicants; that the story of the case given in the application before the Justice of Peace under S.22-A, Cr.P.C. for issuance of direction to S.H.O. to register the F.I.R. and the story given before the Police after registration of the case were quite different
Counsel for applicants, however had admitted that neither any challan had been filed before the court against the applicants nor he had approached any court under S.265-K, Cr.P.C. for acquittal
Application could not be entertained for the reasons; firstly, as the matter was under investigation with the Police which had got ample power to declare case false and get such report approved by competent Magistrate, secondly, challan was filed against the accused before the court of law and they had the right to seek relief from the Trial Court by making application under S.265-K, Cr.P.C-Application under S. 561-A, Cr.P.C. was dismissed. Ismail Memon for Applicants. Naveed Ali Khokhar for the State.
Judgment & Decree
BIN YAMIN, J.
Learned counsel for applicants contends that respondent No. 1 has filed false case against the applicants. His further contention is that the story of the case given in the application before the learned IInd Addl. Sessions Judge, Thatta, under section 22-A, Cr.P.C. for issuance of a direction to concerned S.H.O. to register the F.I.R. and the story given before the Police after registration of the case are quite different. He further contends that the time, place of incident and the witnesses cited in this case are also different from the one given before the learned IInd Addl. Sessions Judge, Thatta, therefore, no case has been made out against the applicants/accused. He, therefore requests that the application under consideration may kindly be admitted for regular hearing. However, the learned Advocate for applicants has candidly admitted that till date neither any challan has been filed before the court against the applicants nor he has approached any court under section 265-K, Cr.P.C. etc., for acquittal of the accused.
2. I am of the opinion that the instant application cannot be entertained for two grounds viz., firstly, as the matter is still under investigation with the Police and Police has got ample power to declare the case false and get such report approved by the competent Magistrate, secondly, in this case, if challan is filed against the accused persons before the Court of Law, have the right to seek relief from the trial court by making application under section 265-K, Cr.P.C. etc. Therefore, for the aforesaid reasons, I am of the opinion that this application cannot be admitted at this stage, therefore, the same is hereby dismissed in limine. However, the applicants will be at liberty to approach this court, if they fail to get the required relief from the subordinate court. The application stands disposed of. H. B. T. /M-184/K Application dismissed.