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Official Citation: 2024 SHC 236
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-03-18
Parties: Hina Asif W/o Jamal vs The State and 03 others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-03-18, officially reported as 2024 SHC 236. In this matter between Hina Asif W/o Jamal and The State and 03 others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC236
Court Name: Sindh High Court Judge(s): Arshad Hussain Khan Title: Hina Asif W/o Jamal vs The State and 03 others Case No.: Cr. Misc. Application No.78 / 2024 Date of Judgment:2024-03-18 Reported As: 2024 SHC 236 Result: Application Disposed of
Judgment Order ARSHAD HUSSAIN KHAN, J. Through this Cr.Misc. Application, the applicant has called in question the Order dated 17.01.2024, passed by XIIth Additional District & Sessions Judge / Ex-Officio Justice of Peace, Karachi [East], whereby the application under Section 22-A and 22-B Cr.P.C. filed by respondent No.4 [Yasir Munir] was disposed in the following terms : "7. In view of above discussion, SHO of concerned PS is directed to record the statement under Section 154 Cr.P.C. of applicant and register the FIR, if any cognizable offence is made out. It is further directed that the provision as to the arrest of the accused duly provided in Police Rules 1934 shall be carefully exercised so that no arrest shall be made unless reasonable grounds exist which connect the accused with the alleged offence. Accordingly the criminal petition stands allowed." Pursuant to the notice, counsel for respondent No.4 put his appearance and while placing on the record copy of the FIR Nos. 234 and 235 of 2024, registered against respondent No.4, submits that in the above said FIRs, respondent No.4 has been arrested in Crime under Sections 9(2)(A)of the Control of Narcotics Substance [Amendment] Act 2022. Learned counsel for the applicant while referring to his present Cr. Misc. Application submits that the stance of the applicant that respondent No.4 is a drug addicted person has been substantiated from the above FIRs. He further submits that since respondent No.4, against whom the present Cr. Misc. Application is filed, has been arrested as such the instant Cr. Misc. Application may be disposed of. In the circumstances, present Cr. Misc. Application is disposed along with the listed application with the directions to the official respondents not to cause any undue harassment to the Applicant and to act strictly in accordance with the law.