IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No.723 of 2025
[ Amir Ali versus SSP Malir and Others ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on office objection
2.
For orders on M.A. No.11446/2025
3.
For hearing of main case
4. For
hearing of M.A. No.11447/2025
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23.02.2026
M/s
Shahan Ali Jawahery & Dodo Khan Pirzada, advocates a/w applicant
M/s
Sharafuddin Kanhar & Mr. Muhammad Mohsin, A.P.Gs.
SSP
Dr. Abdul Khaliq Pirzada, SSP Malir and SHO Mumtaz Khan PS Shah Latif Town, Izhar
Lahori, SP Malir, Azhar Khan SSP Sukkur SP Abdul Ghafoor Lakho, SP Sukkur, PI
Mumtaz Marwat, SHO Shah Latif Town, PI Hakim Ali Soomro, SDI Quaidabad, PI Nabi
Bux, respondent No.7
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Applicant
Amir Ali has impugned order dated 30.07.2025, passed by Additional Sessions
Judge-IV/Ex-Officio Justice of Peace, Malir, Karachi whereby he has disposed of
application of the applicant in the following terms:
“This order disposes of the criminal
petition filed by the petitioner under Sections 22-A and 22-B, Cr.PC.
The record and proceedings of this
petition have been received through transfer from the Court of Hon’ble District
& Sessions Judge, Malir, Karachi. Pursuant to the direction of this Court,
a report has been submitted by the SHO PS Shah Latif Town.
Arguments
heard. Record perused.
The SSP District Malir is directed
to conduct a thorough inquiry into the matter through a competent officer. The
findings of such inquiry shall be communicated to the concerned SHO, who shall
then proceed further strictly in accordance with law and in light of the
inquiry report. The inquiry should preferably be concluded within fifteen (15)
days from the date of receipt of this Order.”
Counsel
for applicant submit that contents of applicant’s application reveals the
cognizable offence, therefore, impugned order is illegal and is liable to be
set aside.
Compliance
reports have been submitted by SSP Malir and SSP Sukkur, which are taken on
record. Learned A.P.G. submits that there is no illegality or irregularity in
the impugned order and the alleged abductees have voluntarily appeared in Court
after filing of instant application without approaching the police, which
created doubts in the story.
From
perusal of record it appears that there is no illegality or irregularity in the
impugned order, which has been passed after fair evaluation of record/reports.
It is settled by now that Ex-Officio Justice of Peace should not act in
mechanical manner and he has to go through the material available on record and
thereafter pass appropriate orders. It has also come on the record that there
is criminal litigation between the parties. Surprisingly, today alleged
abductees voluntarily appeared in Court who were missing since 18.05.2025
without approaching to the police. On the last date of hearing, SSP Malir in
his report dated 16.02.2026 has reported that no such incident of abduction has
taken place and the applicant has approached this Court with mala fide
intention.
In
view of above, no direction can be given to the police for registration of FIR
against the proposed accused, therefore, instant criminal miscellaneous
application is devoid of any merits and the same is accordingly dismissed along
with all pending applications.
J
U D G E
Gulsher/PS