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Petitioner: FAHIM AKHTAR and others VS Respondent: INSPECTOR-GENERAL OF POLICE (SIND) KARACHI and others
Court Name: Sindh High Court Judge(s): Ajmal Mian, Syed Haider Ali Pirzada Title:FAHIM AKHTAR and others vs INSPECTOR-GENERAL OF POLICE (SIND)
KARACHI and others Case No.: Constitutional Petition No 512 of 1984 Date of Judgment:1984-06-10 Reported As: 1984 MLD 1281 Result: Writ Refused Judgment ORDER AJMAL MIAN, J.--In this writ petition, the petitioners have sought direction against the Sub- Inspector, Police Station Orangi Town and also Superintendent, Police Orangi Town that they should register F.I.R. against respondents No, 4 to 6 under section 307, P.P.C. instead of registering under section 324, P.P.C. which has been done. In our view this Court in exercise of writ jurisdiction cannot even tentatively form an opinion, whether a particular offence falls under section, 307 or under section 324, P.P.C. as it requires the recording of the evidence. The appropriate course for the petitioner would have been to invoke the provisions of the Criminal Procedure Code, which has provided exhaustive machinery for such eventualities. The petition is, therefore, dismissed in limine. Writ Refused.