| Citation(s) |
|---|
| 2009 SLG 732 2009 SLD 732 2009 MLD 99 |
Lahore High Court
Writ Petition No. 11455 of 2007, decision Dated: 31-07-2008.
HASNAT AHMAD KHAN, JUSTICE
Petitioner(s) by: Ch. Muhammad Rafiq Jathol
Respondent(s) by: Tahir Mehmood Gondal, Assistant Advocate-General with Riaz, S.-I. and
Writ Petition No. 11455 of 2007, decision Dated: 31-07-2008.
HASNAT AHMAD KHAN, JUSTICE
Petitioner(s) by: Ch. Muhammad Rafiq Jathol
Respondent(s) by: Tahir Mehmood Gondal, Assistant Advocate-General with Riaz, S.-I. and
MST. ALLAH RAKHI
VS
D.P.O. GUJRANWALA AND 5 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Law: Criminal Procedure Code (V of 1898)
Section: 22A,22B,154,182
Law: Pakistan Penal Code, 1860
Section: 302
(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Adequate remedy, not absolute bar---Availability of adequate remedy is not an absolute bar against the exercise of constitutional jurisdiction---High Court in exceptional cases can entertain the constitutional petition directly. (b) Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Registration of F.I.R.---Case was of two versions---On the one hand respondent Inspector claimed that the son of the petitioner was killed in a police encounter, but on the other hand petitioner asserted that to avenge the murder of two police officials when the said Inspector arrested her son, he eliminated him with the active connivance, help and assistance of other respondents, who also had a background of enmity against her deceased son---Said respondents had allegedly provided a car to the police in which the son of the petitioner was gunned down and as a part of the said plan a false case of robbery regarding the said car was got registered by the respondent Inspector after conniving with another police officer---Petitioner had sought registration of the case on the basis of entirely different facts---Respondent S.H.O., therefore, was bound under S.154, Cr.P.C. to register the case and while refusing to register an independent F.I.R. he had committed an illegality---S.H.O. concerned was consequently directed to entertain the application of the petitioner and register a case against the respondents Constitutional petition was accepted accordingly. Wajid Ali Durani and another v. Government of Sindh and others 2001 SCMR 1556; Muhammad Bashir v. Station House Officer Okara Cantt. and others PLD 2007 SC 539; Muhammad Azam v. Inspector General of Police Islamabad and 2 others PLD 2008 Lahore 103; Mst. Malka Jan v. Inspector-General of Police N.-W.F.P. Peshawar and 2 others 2000 PCr.LJ 320; Sakina Bibi v. Sessions Judge, Gujrat and 10 others 2007 PCr.LJ 1939 and Mrs. Ghanwa Bhutto and another v. Government of Sindh and another PLD 1997 Karachi 119 rel. (c) Criminal Procedure Code (V of 1898)--- ----S.154---Information in cognizable…
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