Qaisar Nawaz Khan Niazi TIGER LAWYER

2024 SCMR 985 SUPREME-COURT MUNAWAR ALAM KHAN Versus QURBAN ALI MALLANO Criminal Procedure Code (V of 1898) 22-A(6), (1), 22-B, 154, 161, 173, 200, 202 | Constitution of the Islamic Republic of Pakistan, 1973 Article 185 | Police Rules, 1934 25.2(3) In this judgment, the Supreme Court of Pakistan dismissed the petition challenging the legality of the High Court of Sindh's order which had dismissed an application filed under Sections 22-A and 22-B of the Criminal Procedure Code (Cr.P.C.). The petitioner and respondents were part of the legal fraternity and had animosity due to competing in bar elections. The Court found that the application was tainted with mala fide, hence appropriately dismissed by both trial and High Court. **Petition dismissed** and leave to appeal is declined by the Supreme Court of Pakistan. Misuse of Criminal Procedure Code Sections 22-A and 22-B, Filing of FIR, Bar elections animosity, Mala fide applications, Police investigation duties, Court’s duty in addressing misuse of Cr.P.C. sections, Key Legal Issues Misuse of provisions of Sections 22-A & 22-B, Cr.P.C. Mala fide in filing applications under Sections 22-A & 22-B, Cr.P.C. Animosity and ongoing disputes within the legal fraternity Duties of the police and courts in lodging and entertaining FIRs Holding The Supreme Court upheld the decisions of both the trial Court and the High Court, concluding that the lower courts had correctly dismissed the petitioner's application under Sections 22-A and 22-B, Cr.P.C. due to it being tainted with mala fide intentions. The Court emphasized that applications under these sections should not be entertained lightly and must be considered carefully to avoid misuse. Reasoning Both parties had a known animosity due to frequent bar elections. The petitioner's claim lacked credibility as even his counsel admitted the primary accused was not present at the incident. Misuse of Sections 22-A & 22-B, Cr.P.C. for personal rivalries within the legal fraternity. The trial Court and High Court thoroughly considered the material aspects before making a decision.