IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No.D-4928 of 2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1.
For orders on Misc. No.22398/2024
(U/A)
2.
For orders on office objections 20
and 27
3.
For hearing of main case
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11.10.2024
Mir Ali Nawaz Khan Talpur, advocate for petitioner
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Through
this constitution petition, petitioner/complainant of FIR No.716/2024,
registered at P.S. SSHIA, Karachi East under sections 324, 34, PPC seeks
transfer of investigation. Counsel for petitioner was asked as to why he has
not approached the Ex-officio Justice
of Peace concerned, as alternate remedy is available to the petitioner to
exhaust before the said forum in terms of Section 22-A, Cr.PC,
which is reproduced as under:
22-A(6) An ex officio Justice of the Peace
may issue appropriate directions to the police authorities concerned on a
complaint regarding:
(i)
Non-registration of
a criminal case;
(ii)
Transfer of
investigation from one police officer to another;
(iii)
Neglect, failure of excess committed
by a police authority in relation to its functions and duties
Counsel
for petitioner could not satisfy the Court, hence it is held that petition,
without exhausting the alternate remedy, is not maintainable, the same is
accordingly dismissed. However, counsel for petitioner may approach learned
Ex-Officio Justice of Peace/Sessions Judge concerned in the first instance.
J
U D G E
J U D G E
Gulsher/PS