IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No.D-4617 of 2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1.
For orders on Misc. No.20441/2024
(U/A)
2.
For orders on office objection No.3,
14, 20 and 32
3.
For orders on Misc. No.20442/2024 (Exp/A)
4.
For orders on Misc. No.20443/2024
(Stay/A)
5.
For hearing of main case
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20.09.2024
Ms. Saify
Ali Khan, advocate for petitioner
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The
petitioner has invoked the constitutional jurisdiction of this Court in terms
of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973
against the respondents, particularly, with regard to the access committed by
police officials / Respondents 3 and 4, who are DIGP East and SHO P.S. Gulzar-e-Hijri, in relation to
their functions. Under Section-22-A(6), Cr.PC an Ex-officio Justice of Peace may take action
against the access committed by the police officials. Power of Ex-Officio
Justice of Peace/Sessions Judge as defined under Section 22-A(6),
Cr.PC are 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
The
petitioner has alternate remedy to approach learned Ex-Officio Justice of Peace/
Sessions Judge concerned against the access committed by the police
officials/respondents. Before exhausting alternate remedy, petition is not
maintainable. Therefore, instant petition is dismissed as not maintainable
along with pending applications. However, the petitioner would be at liberty to
approach the learned Sessions Judge/Ex-Officio Justice of Peace concerned in
the first instance. However, it is observed that police officials are bound to
act strictly in accordance with law.
J
U D G E
J U D G E
Gulsher/PS