Nazeer Ahmed Baloch vs The State & others
This criminal miscellaneous application was brought before the Sindh High Court by the applicant, Nazeer Ahmed Baloch, seeking legal redress. The core legal question concerned the appropriate forum and procedure for the ventilation of the applicant's grievances regarding the subject matter of the dispute. Upon hearing the matter at some length, the learned counsel for the applicant did not press the application. Instead, the counsel stated an intention to withdraw the petition in order to pursue an alternative statutory remedy before the competent court of law by filing a criminal direct complaint. The court accepted this stance and disposed of the application accordingly. The key principle laid down is that a party may seek to withdraw a miscellaneous application to avail alternative statutory remedies such as filing a direct complaint under the relevant provisions of the procedural law.
- Can an applicant withdraw a criminal miscellaneous application to pursue a direct complaint?
- Whether an aggrieved person can exhaust remedies before a competent court under Section 200 of the Code of Criminal Procedure 1898 after withdrawing a misc application?
- Section 200, Code of Criminal Procedure 1898
ORDER
1. Learned counsel for the applicant after arguing the matter at some length does not press the instant Crl. Misc. Application and states that the applicant intends to exhaust remedy before the competent court of law by filing Crl. Direct Complaint under section 200 CrPC for redressal of his grievance. Order accordingly.
2. Accordingly, instant Crl. Misc. Application is disposed of in the above terms.