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NOOR AHMED versus GHULAM HYDER

ection Section 9 omb Ombudsman, Functions and Powers - ScopeMb Ombudsman can entertain and investigate any complaint / request made by an aggrieved person on any agency or any of its officers or employees. 519] A

PLD 2017 Sindh 515

Before Salahuddin Panhwar, J

NOOR AHMED and 5 others—Applicants

versus

GHULAM HYDER and 2 others—Respondents

Criminal Miscellaneous Application No.S-206 of 2012, decided on 25th October, 2016.

(a) Establishment of Office of Ombudsman for Province of

Sindh Act (I of 1992)—

—S. 9—Jurisdiction, functions and powers of ombudsman—Scope— Ombudsman can entertain and investigate a complaint/application by an aggrieved person on allegation of maladministration on the part of any agency or any of its officers or employees. [p. 519] A

(b) Establishment of Office of Ombudsman for Province of Sindh Act (I of 1992)--

—S. 9—Jurisdiction, functions and powers of ombudsman—Scope— Ombudsman could not exercise ultimate jurisdiction of civil court as well as investigate the matters which were pending in the court of competent jurisdiction, [p. 519] A

(c) Establishment of Office of Ombudsman for Province of Sindh Act (I of 1992)--

—S. 9—Jurisdiction, functions and powers of ombudsman—Object— Object of domain of ombudsman was supervisory in nature whereby he ccfUld pass appropriate order in event of any mol-administration, [p. 519] A

(d) Words and phrases—

— uMai-administration "—Meaning. [p. 519] A

(e) Criminal Procedure Code (V of 1898)—

—Ss. 154 & 155—InfÓrm;ation in cognizable case and non-cognizable case—Scope—Officer in-charge of police station was under mandatory duty to record statement of any infÓrm;ant but recording thereof in S.154 or S.155 Cr.P.C. Register was subject to showing commission of cognizable offence or non-cognizable offence which would be decided by officer in-charge of the Police Station [p. 519] B

(f) Establishment of Office of Ombudsman for Province of Sindh Act (I of 1992)-

—S. 9—Criminal Procedure Code (V of 1898), S. 190—Jurisdiction, functions and powers of ombudsman—Cognizance of offence by Magistrate—Accused assailed the order passed by Magistrate in pursuance of which he disagreed with report under "C" class and took cognizance against the accused—Validity—Ombudsman could direct SHO to perfÓrm; his duty and objection of counsel for accused with regard to jurisdiction of Ombudsman had no substance—Disclosure of names in FIR of those who were mentioned in application as "and others" was not of much significance—Witnesses in statements under S.161, Cr.P.C, had not supported the FIR; version of injured was supported by medical evidence—Impugned order of the Magistrate was speaking and well-reasoned order—Criminal Miscellaneous Application was dismissed accordingly, [pp. 519, 520] B, C, D & E

(g) Criminal Procedure Code (V of 1898)—

—S. 173—Report of police officer—Effect—Ipse dixit of police was not binding upon the court, [p. 520] E

(h) Criminal Procedure Code (V of 1898) —

—S. 190—Cognizance of offences by Magistrate—Scope—Magistrate could competently take cognizance on a negative report—Mere recommendation of police for disposal of case under "C" class was of not much relevance if the Magistrate disagreed with reasons, [p.520] E

(i) Criminal Procedure Code (V,of 1898)—

—S. 190—Cognizance of offences by Magistrate—Scope—Mere taking cognizance did not decide the fate of allegation, rather brought the prosecution under obligation to prove the charge and the accused on his turn to disprove the same. [p. 520] E

(j) Criminal trial—

—Agony of trial—Effect—Agony of trial alone could not be made an excuse to avoid the trial of a charge/allegation, [p. 520] E

(k) Criminal Procedure Code (V of 1898)—°

—S. 190—Cognizance of Offence by Magistrate—Scope—Order of taking cognizance could only be set aside if it was shown that order was prima facie non-speaking and contrary to law. [p. 520] F

Ishrat Ali Lohar for Applicants.

Noor Ahmed Memon for Respondent No.l.

Shahid Shaikh, A.P.G. for the State.

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