07-SEP-2026
|
Petition called. Counsel for the petitioner and petitioner inperson are present. Petition is fixed for hearing. Mr. M.D Faraz Khan Ujjan, Ld. Counsel has filed vakalatnama on behalf of proposed accused. Order passed on it. File subject to KBA verification. Copy received by proposed accused. Counsel for the proposed accused has filed statement. Order passed on it. File. Heard. Order passed on separate sheet. Allegedly, the proposed accused assaulted the grandson and son-in-law of the applicant, in support whereof the applicant has also annexed medical reports issued by Abbasi Shaheed Hospital, Karachi, reflecting the nature of the injuries sustained by the injured persons. A perusal of the said medical reports reveals that all the injuries attributed to the proposed accused are non-cognizable in nature. More importantly, the applicant and the proposed accused are father and son, and it appears from the material available on record that the real dispute between the parties over property, which, prima facie, is civil in nature. In these circumstances, the allegations of assault appear to have arisen in the backdrop of an underlying civil dispute between the parties. In my estimation, on such feeble facets, issuance of directions to the concerned PS for registration of FIR would not be fruitful rather would such directions, if given, would create the state of confusion for the proposed accused by exposing them to unnecessary harassment to defend themselves particularly when there is the dispute in the offing pertaining to the Civil jurisdiction, apart from this, mechanical approach is not desired by our superior Courts. However, it is duty of SHO concerned to prevent the crime and lawlessness within the jurisdiction of his Police Station and maintain the law and order situation and take appropriate action against any violation of law. The parties are directed to abide by law and avoid taking law in their hands. The police is further directed to protect the rights of the parties according to law. Criminal Miscellaneous Application is disposed of accordingly. Pronounced in open Court.
|
Advocate to be Heard |
0 |
0 |
ADJ VII, Karachi(Central)
|