MUHAMMAD HUSSAIN and 7 others vs ABDUL WAHID and 2 others
This matter concerns a criminal application filed by the applicants seeking relief against an FIR, alleging that the respondent filed a false case and that the narrative provided to the police contradicts the initial application filed under Section 22-A of the Code of Criminal Procedure 1898. The core legal question is whether the High Court should entertain an application challenging criminal proceedings while the matter is still under police investigation and before a challan has been submitted to the trial court. The Court held that the application was premature and could not be entertained. The ratio of the decision is that where a matter is under investigation, the police possess the authority to declare a case false subject to a Magistrate's approval. Furthermore, the accused have adequate alternative remedies, specifically the right to seek acquittal under Section 265-K of the Code of Criminal Procedure 1898 once a challan is filed. Consequently, the Court dismissed the application in limine, granting the applicants liberty to approach the court only after exhausting remedies in the subordinate court.
- Can the High Court entertain a challenge to criminal proceedings while the matter is still under police investigation?
- Does the police have the authority to declare a case false during the investigation stage?
- Is an application under Section 265-K of the Code of Criminal Procedure 1898 a viable remedy before a challan is filed in court?
- Section 22-A, Code of Criminal Procedure 1898
- Section 265-K, Code of Criminal Procedure 1898
ORDER
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.