IN THE COURT OF DISTRICT & SESSIONS JUDGE

/JUSTICE OF PEACE- AT KARACHI (SOUTH)

JURISDICTION UNDER SECTION 22-(A)(B) [Link]

Case No: /2025

Mirza Saheem Baig ------------------------Applicant
Versus
SHO PS Sir Syed & Other----------------------Respondents
I N D E X

[Link] Description of Documents Annex Pages

1.

Memo of Application

2. Photocopy of legal notice A

3. Application of SHO PS Preedy B

4. Folder Of Case Laws

5. Vakalatnama

Dawar Khan
Advocate For The Applicant
Karachi
Dated: th of February,2025

IN THE COURT OF DISTRICT & SESSIONS JUDGE

/JUSTICE OF PEACE- AT KARACHI (SOUTH)
(JURISDICTION UNDER SECTION 22-A [Link])
 Case No: /2025
Mirza Saheem Baig S/o
Saleem Baig
Adult Having CNIC No. 42101-
1048907-7
Address: L-109 Sector 4 North Karachi
----------------------------------------Applicant
Versus
• SHO Police Station Sir Syed Town
• SSP (Complaint Cell-District South)
Respondents
Proposed Accused Persons:

• Khalfan Khan s/o Anees Khan

Contact 0316-2890883
• Zeeshan Khan s/o Idrees Khan
Contact : 0310-0029529
• Nafees Khan s/o Aziz Khan
Contact : 0315- 9230829
0300-9230829
• And 1 other unknown person

(Address : R-50 Sector 10 North Karachi)

Sections Invoked:
PPC: 324, 506B, 337A(i)(iv), 337E(vi),355
and 34

Police Station Sir Syed Town

Application Under Section 22-A & B CrPC.

Facts of the Case:
The applicant respectfully submits as under:-

• That, Applicant is a law-abiding citizen of Pakistan whose all rights & privileges are
guaranteed under the Constitution of Pakistan 1973.

• That the father of Applicant , Saleem Baig s/o Rasheed Baig, aged 62 years, is a
 retired Junior Clerk from the Karachi Water and Sewerage Board (KW&SB) and is
presently serving as the Vice President of a registered welfare department named
Anjuman Musalmanan-e-Kalyana.

• That the managing committee of Anjuman Musalmanan-e-Kalyana recently took a

decision to dismiss certain workers from the medical centre called Kalyan Medical
Centre due to administrative reasons and their involvement in theft and damage, with
their two months’ salary being cleared. The dismissed individuals include: Khalfan
Khan, son of Anees Khan, Zeeshan Khan, son of Idrees Khan

• That after their dismissal, these individuals began issuing threats to the managing
authority. On December 27, 2024, at 9:00 PM, Khalfan Khan s/o Anees Ali, Zeeshan
Khan s/o Idrees Khan, along with their uncle, Nafees Khan s/o Aziz Khan and an
unknown individual wearing a black hoodie and a mask who actively participated in
the assault. (their photos, contact, and address are attached as Annexure A), brutally
assaulted my father and made a murder attempt on him. Additionally, there was The
incident was captured on CCTV, and we are ready to present the footage upon request
of the Honourable Court.

• That my father was seriously injured, and we immediately went to Sir Syed Police
Station on December 27, 2024, at 10:00 PM, to obtain a medical letter (Annexure
B). He was then taken to Abbasi Shaheed Hospital, where an initial MLO report was
prepared (Annexure C), confirming findings of assault and cervical spine pain.
However, till date, we have not received the final medical legal report due to the
influence of Respondent No. 3, Nafees Khan s/o Aziz Khan.

• That my father was experiencing intense pain in his neck and back, difficulty in
breathing and swallowing, numbness in the upper limbs, and difficulty in
balancing. Due to the severity of his condition, we took him to Dow Hospital, where
he was diagnosed with loss of cervical spine alignment, Canal compression and
subluxation (dislocation) of the vertebral body. The medical reports of Dow
Hospital are attached as Annexure D.
• That due to the severity of his condition, he underwent surgery named Craniotomy
and Lateral Mass Fixation, as documented in the Discharge Summary of Dow
Hospital (Annexure E)
.
• That despite multiple visits to Sir Syed Police Station to record our statement under
Section 154 PPC, the police refused to register our FIR due to the influence of
accused, Nafees Khan. The police continuously delayed the matter, stating that we
lacked an MLO report. We even presented them with CCTV footage of the assault
and criminal intimidation, yet they refused to take action.
• That due to genuine reasons including medical recovery, lack of knowledge
regarding Section 22-A/B Cr.P.C, and fear of retaliation, we could not approach
this Honourable Court earlier. During this period, my family and I were under
immense pressure and threats from the accused individuals.

• That accused persons continues to issue serious threats to me and my family,

warning us of dire consequences if we seek legal action. He falsely claims to be
affiliated with an intelligence agency to intimidate us and prevent us from pursuing
justice.

• That we made multiple efforts to approach the SHO of Sir Syed Police Station for
lodging the FIR and recording our statement. We also submitted a written application
for legal action, which was officially received by Sir Syed Police Station (Annexure
F), yet no action was taken.

G R O U N D S:

• That, a public functionary i.e. SHO has failed to record statement /

information under 154 in the FIR register as he was duty bound for this act as
held in (2017 PLD 515 Karachi High Court).

• That the refusal of the police to register the FIR is illegal and against the
fundamental rights of the applicant.
 • That the accused persons have committed serious offenses including attempted
murder, assault, and criminal intimidation, which are cognizable offenses under
the Pakistan Penal Code.

• That the inaction of the police is a result of undue influence exerted by

accused, Nafees Khan.

• That the applicant and his family are living in constant fear due to the threats
posed by the accused persons.

• That Accused, Nafees Khan, falsely claims to have ties with an intelligence
agency to suppress legal action, which further exacerbates the intimidation and
unlawful influence.

• That the delay in approaching this Honourable Court was due to medical
recovery, lack of legal knowledge, and fear of retaliation.

CASE LAWS :

• That, the Office of Justice of Peace has been entrusted with redressal of
complaints pertaining to non-lodging of FIRs and Justice of Peace cannot
assume role of an investigation agency as held in ( 2011 [Link] 268Karachi
High Court)
• That, Honouarble Supreme Court of Pakistan(PLD 2007 SC 539) has held that
lodging of FIR can neither be denied by SHO nor by Justice of Peace and
Justice of Peace is not legally required to conduct verification exercise.
• That, the Police is duty bound to protect the life, property, liberty, rights &
privileges of applicant in terms of Section 4 of the Sindh ( Repeal of the
Police Act , 1861 and Revival of Police Order, 2002 ) ( Amendment ) Act
2019 .
• That, the Police is duty bound to prevent the commissioning of the offences in
terms of Section 4 of the
 Sindh ( Repeal of the Police Act , 1861 and Revival of Police Order, 2002 )
( Amendment ) Act 2019.
• That, the honourable Sindh High Court in the landmark judgement in case of
MEHRAN HUSSAIN reported with citation number (2019 P Cr. L J 281) has
held that “Application to Justice of Peace under ----Ss. 22-A & 22-B--- for
providing legal protection to the petitioner and his family from the hands of
respondents:when someone came with a complaint of insecurity and
requested for instruction to police to provide protection, same should not be
declined that it always be hammered thereby instructing to police to provide
protection which otherwise was undeniable duty and obligation of the
police---Negligence/failure on part of the police authority, if resulting into a
complaint of insecurity, must be entertained by Exofficio Justice of Peace
within the meaning of S. 22-
A(6)(iii)”

• That, Section 22-A(6)(iii) of [Link] is reproduced for reference:

“ An Ex-Officio Justice of Peace may issue appropriate directions to the
police authorities concerned on a complaint regarding neglect, failure, or
excess committed by a police authority in relation to its functions and
duties”.
• That, the negligence of Police in providing protection to Applicants has
resulted in severe injustice to the Applicant and he is living the life of fear &
insecurity due to actions/omissions of the proposed accused persons.

P R A Y E R:

It is therefore respectfully prayed on behalf of the above named applicants that this
Hon’ble Court may graciously be pleased to allow the following submissions.

• That this Honorable court may kindly be pleased to direct the

respondent no.1 SHO PS Sir Syed to record the statement of
applicant U/S 154 of Cr.P.C in the interest of justice and equity.
• That, the necessary directions may kindly be issued to the
 respondents no.1 & 2 for providing protection to the Applicant
from the hands of proposed accused persons.
• That, the necessary directions may kindly be issued also to the
respondent no.1 & 2 for preventing the expected & likely crime
being/to be committed by proposed accused persons.
• Take notice of the false claims of Accused, Nafees Khan,
regarding his alleged intelligence agency affiliation and initiate
legal action against him for misleading and threatening the
applicants.
• That, the necessary directions may kindly be issued also to the
proposed accused persons for preventing the breach of peace and
tranquility of the Applicant/his family/his workplace at the hands
of proposed accused persons.
• That, any other appropriate relief keeping in view the facts &
circumstances of the case.

DAWAR KHAN
Advocate For The Applicant
Karachi
Dated: th of February, 2025