Syed Shahzad Ali Shah vs The State & others
This criminal miscellaneous application was filed by the applicant, Syed Shahzad Ali Shah, challenging an order passed by the IVth Additional Sessions Judge (Hudood)/Ex-Officio Justice of Peace, Sukkur. The impugned order had allowed an application under Section 22-A & B of the Code of Criminal Procedure 1898, directing the registration of an FIR against the applicant based on allegations of injury. The core legal question before the High Court was whether the challenge to the lower court's order remained maintainable following the subsequent registration of the FIR. During the proceedings, it was brought to the Court's attention that the police had already registered FIR No. 107 of 2024 against the applicant for offences under the Pakistan Penal Code 1860, based on the medical certificate provided. Consequently, the Court held that the primary grievance regarding the non-registration of the FIR had been rendered infructuous by the actual registration of the case. The Court disposed of the application, recalling its earlier interim order, and directed the aggrieved party to pursue appropriate legal remedies available under the law regarding the registered FIR.
- Does the registration of an FIR render a pending application under Section 22-A & B of the Code of Criminal Procedure 1898 infructuous?
- Can a High Court interfere with an order of an Ex-Officio Justice of Peace once the underlying investigation has commenced through the registration of an FIR?
- Section 22-A, Code of Criminal Procedure 1898
- Section 22-B, Code of Criminal Procedure 1898
- Section 337A(iii), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 506/2, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
ORDER
Adnan-ul-Karim Memon J:- The applicant Syed Shazad Ali Shah is aggrieved by and dissatisfied with the order dated 24.4.2024 passed by learned IVth Additional Sessions Judge (Hudood)/Ex- Officio Justice of Peace Sukkur passed in Crl. Misc. Application No. 1098/2024, whereby the application under section 22-A & B Cr. P.C filed by the complaint Syed Rehan Shah for registration of the FIR against the applicant and others was allowed, hence the applicant has preferred the instant Crl. Misc. Application on the analogy that the applicant had disclosed the commission of the cognizable offense in terms of a medical certificate to the effect that injury sustained by the complainant was declared as Shujah-e-Hashmiah by the medical officer which in terms of section 337A(iii) PPC was/is cognizable as per schedule of CR.P.C, which requires investigation strictly according to law.
2. This Court vide order dated 29.4.2024 directed that the impugned order passed by learned IVth Additional Sessions Judge (Hudood)/Ex-Officio Justice of Peace Sukkur passed in Crl. Misc.
Application No. 1098/2024 shall remain in abeyance, however, today SHO PS "C" Section Sukkur has placed on record a copy of F.I.R No.107 of 2024 registered against the applicant and others. As per SHO, he received the order of this Court on 30.4.2024 and F.I.R had already been registered on 29.4.2024 as such he was/is not at fault, in support of his contention, he relied upon the police diary dated 30.4.2024 and prayed for disposal of this Crl. Misc. Application in the terms that the FIR has already been registered on the complaint of Rehan.
3. Since the F.I.R No. 107/2024 for offences under section 324, 506/2 & 504 PPC of PS C-Section Sukkur has already been registered, which is based on the medical certificate issued by the Medico-Legal Officer, therefore this court is left with no option but to dispose of this Criminal Miscellaneous Application with direction to the aggrieved party to avail the remedy under law. The interim order dated 29.4.2024 is hereby recalled, because of the latest development of the case.
4. This Criminal Miscellaneous Application is disposed of in the above terms.