Muhammad Khan and others vs S.S.P Tharparkar and others
This criminal miscellaneous application was filed under Section 561-A of the Code of Criminal Procedure 1898, challenging an order passed by the Additional Sessions Judge-II/Ex-Officio Justice of Peace, Tharparkar, which had directed the registration of a criminal case under Section 22-A and 22-B of the Code of Criminal Procedure 1898. The core legal question concerned the validity of the impugned order given subsequent developments in the case. During the proceedings, it was brought to the court's attention that an FIR (No. 28/2024) had already been registered at the relevant police station against the applicants under Sections 393, 506(2), 504, 114, and 34 of the Pakistan Penal Code 1860. Consequently, the court held that the primary grievance of the applicants had been addressed by the registration of the FIR, rendering the application infructuous. The court recalled its earlier interim order and disposed of the application accordingly, noting that the applicants retained the right to pursue other legal remedies as permitted by law.
- Does the registration of an FIR render a pending application under Section 22-A and 22-B of the Code of Criminal Procedure 1898 infructuous?
- Can an application under Section 561-A of the Code of Criminal Procedure 1898 be disposed of when the underlying grievance has been resolved by the registration of a criminal case?
- Section 561-A, Code of Criminal Procedure 1898
- Section 22-A, Code of Criminal Procedure 1898
- Section 22-B, Code of Criminal Procedure 1898
- Section 154, Code of Criminal Procedure 1898
- Section 393, Pakistan Penal Code 1860
- Section 506(2), Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 114, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
Adnan-ul-Karim Memon, J. Applicants Muhammad Khan, Abdul Aziz and Muhammad Nawaz have filed this Criminal Miscellaneous Application under section 561-A Cr.P.C assailing order dated 30-08-2024 passed by learned Additional Sessions Judge-II/ Ex-Officio Justice of Peace, Tharparkar @ Mithi, in Criminal Miscellaneous application No.493/2024, whereby application under section 22-A & B Cr.P.C filed by the respondent No.3 was allowed with direction to the S.H.O concerned to record statement of the respondent/complainant and same be incorporated in 154 Cr.P.C book, if it constitutes a cognizable offence.
2. Learned counsel submits that F.I.R No.28/2024 under sections 393, 506(2), 504, 114, 34 P.P.C has already been registered at PS Kaloi District Tharparkar on 31-08-2024 against the applicants; therefore, the purpose of filing this Crl. Misc. Application has become infructuous. However, he insists that he will pursue his remedy as per law.
3. In view of above interim order passed by this court vide order dated 04-09-2024 is hereby re- called and this Crl. Miscellaneous Application is disposed of as FIR No. 28/2024 of PS Kaloi District Tharparkar has already been registered. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.