1990 P Cr (PLP)
Sheikh GHULAM RASOOL‑‑Petitioner Versus KARAMAT HUSSAIN and another‑‑Respondents
| Citation | 1990 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian, CJ. and Mukhtar Ahmed Junejo, J |
| Parties | Sheikh GHULAM RASOOL‑‑Petitioner Versus KARAMAT HUSSAIN and another‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1990 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 1990 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian, CJ. and Mukhtar Ahmed Junejo, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 P Cr (PLP) (Sheikh GHULAM RASOOL‑‑Petitioner Versus KARAMAT HUSSAIN and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Ishaq for Petitioner
Headnotes / Summary
‑‑‑‑Ss. 154 & 157‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Petitioner sought registration of case against two Police Officers who raided his house without any search warrant and during search took away his articles mentioned in petition and who also took him and his son into custody and released them on payment of illegal gratification‑‑‑Prosecution submitted that police official (S.H.O.) was willing to register F.I.R. provided after enquiry under S.157, Cr.P.C. he found it a fit case for doing so‑‑‑Petitioner, in circumstances, was directed to first participate in said investigation and in case of failure by police official (S.H.O.) to register F.I.R. to either file direct complaint or to approach the Court again. Abdul Hafeez Lakho, A.‑G., (Sindh) on Court Notice.
Judgment & Decree
MUKHTAR AHMAD JUNEJO, J.‑‑‑ This is a petition under Article 199 of the Constitution seeking a direction against the respondents to register FIR against Inspector Mohammad Khan Ranja and Sub Inspector Raja Hameed, both posted at C.I.A., Thatta on the ground that on 7‑10‑1989 at 5‑30 p.m. without any search warrant they have raided the house of the petitioner and while A searching the house, they took away articles mentioned in para. (6) of the ' petition. It is alleged that the petitioner and his son were also taken into custody but upon payment of illegal gratification of Rs.7,000 they were released. After that the petitioner approached the respondent No.l for the registration of F.I.R. against the above two C.I.A. A.S.I and also addressed a complaint dated 8‑10‑1989 to the Inspector General, Sindh, Karachi to bring to his notice the above grievance. Since no action was taken, he has filed the present petition. We had issued a pre‑admission notice to the learned A.‑G. in response to which Mr. Abdul Hafeez Lakho, learned A.‑G. is present alongwith Karamat Hussain, S.I./S.H.O., Thatta and states that the C.I.A. above two Inspectors were making search in connection with stolen property in Crime No. 98/1989 of P.S. Thatta and for which no search warrant was needed. He further submits that the respondent No.l is willing to register the F.I.R. provided after enquiry under B section 157, Cr.P.C. he is satisfied that it was a fit case for registration of the F.I.R. In our view, the petitioner first may participate in the investigation under section 157, Cr.P.C. to be conducted by respondent No.l, in case respondent Nip.] fails to register F.I.R., he may either file direct complaint or may approach his, Court again. With the above observations the petition is dismissed. N.H.Q/G‑150/K Petition dismissed.