MUHAMMAD SALEEM and others vs THE STATE
This criminal miscellaneous application was filed under section 561-A of the Code of Criminal Procedure 1898 seeking the quashment of an order passed by the 1st Additional District and Sessions Judge, Karachi Central, who had declined to grant permission to lodge a second First Information Report on the ground that the same was not available with him. The core legal question was whether the Additional District and Sessions Judge erred in refusing the permission letter and whether the petition for quashment was maintainable. The Sindh High Court held that the order of the Additional District and Sessions Judge was in accordance with law and required no interference, noting also the consistent non-prosecution and failure by the applicants to supply necessary copies of the First Information Reports and investigation reports. Consequently, the High Court laid down that an order declining a second First Information Report under the circumstances is unexceptionable, and dismissed the application in limine for lack of merit and maintainability.
- Whether an Additional District and Sessions Judge is justified in declining permission to lodge a second First Information Report when not available with him?
- Is a criminal miscellaneous application seeking quashment of an order refusing a second FIR maintainable when the applicant fails to pursue the matter and file necessary documents?
ORDER
1. ' KHAWAJA NAVEED AHMED, J.---This Criminal Miscellaneous Application has been filed by the applicants Muhammad Saleem and Muhammad Intizar seeking the quashment of order, dated 5- 5-2006 of the learned 1st ADJ, Karachi Central, who had declined to grant of permission letter of lodging the second F.I.R. On the ground that the same was not available with him.
2. This application was filed on 11-11-2006. The office diaries show that the matter was fixed on 8-12- 2006 when the learned advocate for the applicant had sought adjournment from the Court. Again this matter was fixed on 22-1-2007 when Mr. Ghulam Qadir Jatoi, Advocate for the applicants had stated that he has not brought the case law to be quoted and as such he had sought adjournment. The matter was again fixed on 12-2-2007 when Mr. Ghulam Qadir Jatoi, Advocate for the applicants had sought time to file copies of two F.I.Rs. And two investigation reports. Again this matter was fixed on 26-2-2007 when Mr. Khursheed Anwar, Advocate held brief on behalf of Mr. Ghulam Qadir Jatoi, Advocate and had sought adjournment. Again matter was fixed on 5-4-2007 when Mr. Ghulam Qadir Jatoi, Advocate was called absent. Matter was again fixed on 16-8-2007, when Mr. Ghulam Qadir Jatoi, Advocate was called, absent. Again on 19-9-2007 Mr. Ghulam Qadir Jatoi Advocate was called, absent and today this matter is fixed. Mr. Amir Mansoob Qureshi, Advocate is present on behalf of the ,Complainant. Mr. Asadullah Baloch, learned State counsel is also present. Mr. Ghulam Qadir Jatoi is called absent, he has not filed the copies of two F.I.Rs. And two investigation reports as is mentioned in the case diary, dated 12-2-2007.
3. I have perused the contents of the memo. Of petition as well as the order of the learned 1st Additional Sessions Judge, Karachi Central. The order of the learned 1st ADJ, Karachi Central is in accordance with law and does not need any interference by this Court.
4. ' The Criminal Miscellaneous Application No.224 of 2006 is not maintainable and is dismissed in limine with all pending miscellaneous applications.