2007 PLP 2244 (YLR)
MUHAMMAD HASAN SAHITO — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 2244 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mrs. Yaseem Abbasey, J |
| Parties | MUHAMMAD HASAN SAHITO — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 2244 (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 2007 PLP 2244 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mrs. Yaseem Abbasey, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2244 (YLR) (MUHAMMAD HASAN SAHITO — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 561-A
Death of under trial prisoner in judicial custody
Registration of F.I.R.
Application to invoke inherent jurisdiction of High Court
Under trial prisoner having died in judicial custody, order for holding enquiry about cause of his death was ordered and for that purpose a Magistrate was appointed and enquiry was about to conclude
Mother of deceased, during pendency of said enquiry, filed application to S.H.O. concerned to register F.I.R. which application was placed before Additional District and Sessions Judge, who ordered for registration of F.I.R. and that arrest of accused persons would not be effected, unless some material against them was brought during investigation
Contention of counsel for applicant was that during pendency of enquiry proceedings wherein responsibility of death of deceased was yet to be fixed in association with medical report, which was still in progress, step taken by Additional District and Sessions Judge for lodging F.I.R. was a step to open a parallel proceedings which was not warranted
Ground urged by counsel appeared to be reasonable, without prejudice to the case of mother of deceased
Impugned order was suspended till completion of enquiry and report of Chemical Examiner. Amir Mansoob Qureshi for Applicant.
Judgment & Decree
MRS. YASMEEN ABBASEY, J.
Granted.
2. Granted subject to all just exceptions. 3-4. It is pointed out by learned counsel for the applicant that after death of U.T.P. Shakeel Ahmed in judicial custody the order for holding enquiry about the cause of death of U.T.P. was passed, such notification was issued and Mr. Abdul Qadir, XII Civil Judge/Judicial Magistrate, Karachi (East) was appointed as enquiry officer. It is reported that enquiry is about to conclude. During the pendency of this enquiry an application was moved by the mother of the deceased to Station House Officer, New Town Police Station, Jamshed Town, Karachi, which was placed before IVth Additional District and Sessions Judge, Karachi (East), who has ordered for registration of the F.I.R., However, it is ordered that arrest of the accused persons will not be effected unless some material against the accused is brought during investigation. It is contended by learned counsel for the applicant that during the pendency of enquiry proceeding wherein the responsibility of death of deceased is yet to be fixed in association with the medical A report, which is still in progress, the step taken by the learned Additional District and Sessions Judge for lodging the F.I.R. is a step to open a parallel proceedings, which is not warranted. The ground urged by the learned counsel appears to be reasonable. Without prejudice to the case of the mother of the deceased. The impugned order dated 12-1-2007 is hereby suspended till completion of the enquiry and the report of Chemical Examiner. In terms of above finding the main Criminal Miscellaneous Application stands disposed of. H.B.T./M-66/K Order accordingly.