Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17(3)

Criminal Procedure Code (V of 1898)--- ---S.154---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---Penal Code (XLV of 1860), Ss.337-F(ii)/182/186---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Registration of criminal case--­petitioner/complainant had alleged that accused/respondents with the help of Bailiff of the Court including Local Police tried to get possession of his petrol pump and forced petitioner to sign over warrant of possession---Petitioner had alleged that on refusal of petitioner to sign warrant of possession, one of accused hit him on his head forcefully in presence of S.H.O. and petitioner who received grievous hurt became senseless and accused snatched his bag containing huge money--­Petitioner had alleged that police concerned had not registered case against respondents/accused despite his utmost efforts---Petitioner in his Constitutional petition had prayed that concerned police be directed to register case against accused/respondents---Validity---Section 154, Cr.P.C. had made it obligatory for an officer incharge of Police Station that every information relating to commission of a cognizable offence if given orally to an officer incharge of a Police Station, would be reduced to writing by him or under his direction---Superior Courts, time and again, had interpreted said provisions of law in very clear terms and there remained no ambiguity for Station House Officer to make any excuse in that regard when information of committing a cognizable offence was given to him by an informant---Allegations levelled by petitioner against respondents in the present case had constituted commission of a cognizable offence which should be probed by some investigating agency---Refusal/reluctance of police to register case upon complaint of petitioner was violative of S.154, Cr.P.C.---High Court accepting Constitutional petition, directed to register case against respondents---Regarding apprehension of false allegation of petitioner against respondents, it could be stated that Legislature had placed check and balance on same upon complainant through S.182, P.P.C. 2000 PCr.LJ 320; PLD 2000 Lah. 208;…

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