Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------Ss. 154 & 176---F.I.R. registration of---Enquiry conducted by Magistrate---Effect---Where death was caused in police custody, mere fact that enquiry was conducted by Magistrate regarding cause of death, would not bar registration of criminal case under S.154, Cr.P.C. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 174 & 176---Death in police custody---Inquiry into cause of death by Magistrate---Scope---Where deceased was in police custody, inquiry into cause of death of the deceased can be held by Magistrate under the provisions of S.176, Cr.P.C.---Such inquiry can be either instead of or in addition to the investigation held by police officer under S.174, Cr.P.C. Khuda Bakhsh v. Province of West Pakistan PLD 1957 Lah. 662 rel. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 154, 174, 176 & Chap. XIV [Ss. 154 to 176]--F.I.R., registration of---Death caused in police custody---Judicial inquiry---Opinion of Inquiry Officer---Effect---Registration of criminal case is independent right of aggrieved person---Such person can report the matter to incharge of concerned police station, who is bound under S.154, Cr:P.C. to record his report and conduct investigation in accordance with law---Opinion qua the cause of death is not binding on police officer holding investigation under Chap. XIV, Cr.P.C. or Court of law holding trial of accused person--­Inquiry report may be relied upon by prosecution or defence and may be given due weight if the conclusions arrived at by the Magistrate are consistent with the evidence brought on record---During investigation or trial, police officer or Court of law, as the case may be, can legitimately arrive at a contrary finding in the light of evidence brought on record. Shera v. The State and 3 others 1972 PCr.LJ 626 and Mst. Ghulam Zuhran v. Superintendent of Police, Rahimyar Khan and others 1989 PCr.LJ 1826 ref. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 154, 176, 200 & Chap. XIV [Ss. 154 to 176]---Death in police custody---Judicial inquiry---Private complaint not barred---Apart from registration of criminal case, it is also open to aggrieved person to file…

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