Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2025 SHC 841
Court / Jurisdiction: Sindh High Court
Petitioner: Cr.Misc. 726/2025 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: Cr.Misc.Appl.No.S-828 of 2025 - Sajjad Ali (Applicant)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 841. In this matter between Cr.Misc. 726/2025 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: Cr.Misc.Appl.No.S-828 of 2025 - Sajjad Ali (Applicant) and the Respondent, 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.
COURT: Sindh High Court CASE NO: Cr.Misc. 726/2025 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: Cr.Misc.Appl.No.S-828 of 2025 CITATION: 2026 SHC HYD 841 PARTIES: Sajjad Ali (Applicant) ORDER DATE: 15-APR-26 BENCH: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) A.F.R: Yes ------------------------------------------------------------ HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD Present: Justice Jawad Akbar Sarwana Crl. Misc: Application No.S-726 of 2025
Applicant : Sajjad Ali s/o Dur Muhammad Zardari Through Mr. Zulfiqar Ali Chandio, Advocate
Respondents No.1, 2 and 4 : Mr.Khalid Hussain Lakho, D.P.G
Respondents No.3 : Imam Din s/o Ghulam Rasool Malookani Through Mr. Muhammad Hanif Kalhoro, Advocate
Crl. Misc: Application No.S-828 of 2025
Applicant : Hidayatullah s/o Ghulam Qadir Malookani Through Mr. Muhammad Hanif Kalhoro, Advocate
Respondents No.1, 2, 4 5, 6, 7, 8, 9 and 10 : Mr.Khalid Hussain Lakho, D.P.G along with SIP Kareem Bux PS Kazi Ahmed District Shaheed Benazirabad.
Respondent No.3 : SajjadZardari Through Mr. Zulfiqar Ali Chandio, Advocate
Date of hearing & Short Order : 09.04.2026
Date of reasons : 15.04.2026
O R D E R JAWAD AKBAR SARWANA, J: These Criminal Miscellaneous Applications filed by Sajjad Ali Zardari posted at P.S Kazi Ahmed (Criminal Miscellaneous Application No.S-726/2025) and Hidayatullah
2
Malookhani also posted at P.S Kazi Ahmed (Criminal Miscellaneous Application No.S -828/2025) have challenged the order s dated 04.10.2025 and 25.09.2025 passed by th e learned Ex-Officio Justice of Peace, Shaheed Benazirabad, respectively. The applications under Section 22-A & B Cr.P.C. were filed by Imamuddin Malookahani and Hidayatullah Malookhani and concern the events of 03.09.2025 involving the alleged disappearan ce of their apparently 80 years old father/relative Ghulam Rasool Malookhani. The impugned order well - records the events and the defence taken by the police officers in these proceedings. These Criminal Miscellaneous concern serving police officials at P.S Kazi Ahmed. I have gone through the impugned order s; there is nothing unlawful about the m; however it would be appropriate to further clarify that any person who has information of an offence having been committed is entitled under the law to provide such information to the Police Station. Once such information is provided it is upto the police officer to determine whether the offence is revealed and if an offence is revealed whether it is cognizable or a non - cognizable. The Criminal Procedure Code and Police Rules provide ample guidance to police officers to proceed in either situation, as well as the situation where false information has been provided. The order of learned Ex-Officio Justice of Peace should not be interpreted to mean that direction to mandatorily register an FIR has been made. (2024 SCMR 985 and 2024 SCMR 1123). Thus in the circumstances the directions in the impugned order dated 04.10.2025 to the DSP Kazi Ahmed do es not require any interference. Further, as far as the impugned order dated 25.09.2025,
3
is concerned the same matter /events concern/overlap the subject matter in o rder dated 04.10.2025. Thus no useful purpose will be served to give similar direction to the police au thorities for the same incident as in the order dated 04.10.2025, as in order dated 25.09.2025 except to observe that while the order dated 25.09.2025 may not require any interference, however the matter(s) is left to the wisdom of the DSP Kazi Ahmed who has been nominated to record the statement. The concerned police officer shall apply his own mind , record statement and is at liberty to take further action as per the information gathered in accordance with law. Both the Criminal Miscellaneous applications are thus disposed of in the above terms.
JUDGE
Tufail