Law: Criminal Procedure Code (V of 1898)

Section: 22-A,154

Law: Penal Code (XLV of 1860)

Section: 489-F

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Penal Code (XLV of 1860), S.489-F---Constitution of Pakistan (1973), Art.199---Constitutional petition---Registration of criminal case---Application for---Respondent applied under S.22-A, Cr.P.C. for registration of F.I.R. on the basis of allegations that petitioner had issued a fraudulent and bogus cheque which was dishonoured; and that despite reporting said, allegations constituting a cognizable offence under S.489-F, P.P.C., S.H.O. Police Station concerned did not register the case---Justice of Peace directed registration of F.I.R. against the petitioner---Impugned order of Justice of Peace was within the parameters of S.22-A(6), Cr.P.C. according to law and with lawful authority because when a cognizable offence was alleged and reported by a citizen, the S.H.O. of the concerned Police Station was bound to register F.I.R. under the mandatory provisions of S.154, Cr.P.C.---Since in the present case, a cognizable offence had been alleged and the S.H.O. was reluctant to register F.I.R., the Justice of the Peace had no other option, but to issue direction for registration of case which was issued and it must be complied with---Petition dismissed. Jamal Khan v. Abdur Rehman PLD 2009 SC 102; Muhammad Bashir v. Station House Officer, Okara, Cantt. and others PLD 2007 SC 539 and Salahuddin S.H.O. v. Mst. Noor Jehan PLD 2008 Pesh. 53 rel. ORDER SYED YAHYA ZAHID GILANI, J.--- When learned counsel for the petitioner. explained facts of the case, it revealed on record that the respondent Haji Muhammad Ramzan applied under section 22-A, Cr.P.C. for registration of F.I.R. on the basis of allegations that Tariq Habib (petitioner herein) issued a fraudulent and bogus cheque which was dishonoured and in spite of reporting these allegations constituting a cognizable offence under section 489-F, P.P.C., the S.H.O. Police Station Cantt. D.I. Khan did not register the case. Hence, learned Additional Sessions Judge-I/Justice of Peace, D.I. Khan, vide order, dated 16-6-2009 directed registration of F.I.R. against the petitioner. Till so far this order has not been complied with and we have been told at the Bar that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492