Case Details

Citation(s)
2001 SLG 1246 2001 SLD 1246 2001 PCRLJ 1834
Sindh High Court
Constitutional Petition No.S 202 and Civil Miscellaneous Application No.635 of 2001, decided on 29th March, 2001.
MUHAMMAD ROSHAN ESSANI, J
Mughal Mumtaz Ali Khan for Petitioner. Saifuddin Shah for the Proposed Accused. Ghulam Dastagir Shahani, Addl. A. G.

MANSOOR AHMED

VS

S.H.O. POLICE STATION "A" SECTION, SUKKUR and others --Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)     S. 154 Constitution of Pakistan (1973), Art.199 Constitutional petition Registration of F.I.R. S.H.O. had filed his statement in the Court to the effect that the petitioners had not appeared at the police station for registration of F.I.R. and if he would come his F.I.R. would be registered Petitioner being satisfied with the said statement, did not press his petition and desired the same to be disposed of as not pressed.   (b) Criminal Procedure Code (V of 1898)     S. 154 Constitution of Pakistan (1973), Art.199 Registration of F.I.R. Object of S.154, Cr.P.C. was to bring the machinery of Investigating Agency into motion Allegations and counter allegations could be urged, by the parties before the Investigating Officer who could arrive at independent conclusion and act according to law and the matter ultimately would go for adjudication before a Court of law where the parties would be given full opportunity of hearing.   (c) Constitution of Pakistan (1973)     Art. 199 Constitutional petition Petitioner not pressing his petition -Effect Petitioner had the sole prerogative to press his petition or not for the relief sought by him and no party to the proceedings could coerce him for doing or not doing so Constitutional petition was consequently disposed of as not pressed.   Saifullah Khan and another v. Settlement Commissioner, Punjab, Lahore and others 1982 SCMR 853; Qaiser Mahmood v. Muhammad Shaft and others PLD 1998 Lah. 72; Jamshed Ahmed v. Muhammad Akram Khan and another 1975 SCMR 149; Wazir Ahmed v. S.H.O., Police Station Mahboob Kalhoro and others 1990 PCr.LJ 2006; Altaf Hussain v. Government of Sindh and others PLD 1997 Kar. 600; Allan Khan v. S.H.O., Police Station Mouladad 1999 PCr.LJ 681; Gul Muhammad Shah alias Riaz Shah v. S.H.O., Police Station ‘B’ Section, Sukkur and another C.P. No.S 780 of 2000 (unreported) and Saeed Ahmed and others v. Nasir Ahmed PLD 2000 Lah. 208 ref.   (d) Constitution of Pakistan (1973)     Art. 199 Scope Disputed question of fact Disputed question of fact could not be resolved by Court in exercise…
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