Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 154---Constitution of Pakistan (1973), Arts. 4 & 199---Constitutional petition--- Recording of second F.I.R.---F.I.R. in the case was lodged by Jail Superintendent alleging therein that one inmate of jail (undertrial prisoner) had tried to commit suicide and injured himself---Petitioner/brother of accused had given a different set of facts alleging that his brother, who was an undertrial prisoner, was beaten by the Jail Authorities and his condition had become seriously dangerous---Petitioner/brother of accused had sought direction 'to S-H.O. Police Station concerned to register case and also a direction about judicial enquiry---Plea of petitioner was resisted on ground that F.I.R. of ,same incident had already been registered---Validity---No doubt a different set of circumstances had been laid down in Constitutional petition, but High Court would refrain from commencing upon genuineness or otherwise of the allegations---Notwithstanding such reservation High Court observed that it was indefeasible right of every citizen and so also of petitioner as enjoined in Art.4 of Constitution of Pakistan (1973) that be should be dealt with in accordance with law---Obligation had been cast on Police Officer to take action within meaning of S.154, Cr.P.C. when information was laid before him---High Court directed that as and when petitioner appeared and made statement, same would be recorded and if cognizable offence was made out, case should be registered accordingly. Imran Ashraf v. The State 2001 SCMR 424 ref. ORDER Comments have been filed by Mr. Muhammad Bachal Tonyo learned Additional Advocate-General on behalf of S.H.O., Police Station Waleed and the said S.H.O. Imtiaz Ali Shaikh is also present in Court. A copy of F.I.R. in Crime No.25 of 2002 of Police Station Waleed, District Larkana has been annexed to the statement of S.H.O. The F.I.R. has been lodged by one Nisar Ahmed, Assistant Jail Superintendent, Central Prison, Larkana wherein the allegations are that one inmate of Jail; Sajjad committed suicide and injured himself. The F.I.R. has been recorded by A.S.I. Maqbool Chandio of the said police station and the…

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