Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898) S. 154 Penal Code (XLV of 1860), 5.302/34 Constitution of Pakistan (1973), Art.199 Constitutional petition Recording of second F.I.R. after quashing the first F.I.R. Complainant had sought the recording of an F.I.R. regarding the occurrence as set down by him in his application attached with the Constitutional petition and the quashment of the earlier F.I.R. recorded by the S.H.O. of the police station concerned under S.302/34, P.P.C., allegedly upon his statement Both the parties were sticking to their versions and the case had become of two versions i.e. "police VS informant"; it was, therefore, essential that both the said versions should remain on the record for decision by the Court as to which of them was reported correctly by the complainant Said controversy being within the ambit of factual inquiry could not be decided by the High Court and even otherwise any verdict in this regard by the High Court could prejudice the case of either party Quashment of the first F.I.R. already recorded by the police would deprive the Investigating Agency as well as the persons involved therein or in the second F.I.R. from its beneficial use ¬Matter was, thus, left open for adjudication by a competent Court where the parties would be at liberty to prove the truth or falsehood of the earlier and subsequent .F.I.Rs. and the fact whether the earlier F.I.R. was also got registered by the complainant or not Police was directed to record the second F.I.R. as reported by the complainant in his writing and to investigate both the versions, which was necessary for fixing the responsibility Constitutional petition was disposed of with the aforesaid observations and directions. Wajid Ali Khan Durrani and others v. Government of Sindh and others 2001 SCMR 1556; Muhammad Anwar,' Sub Inspector, Railway Police, Lahore v. Station House Officer, Railway Police, Kasur and 2 others PLD 1999 Lah. 50; Mulazim Hussain, Inspector/S.H.O., Police Station Waris Khan, Rawalpindi and another v. Maulana Abdul Jalil PLD 1999 Lah. 39; M. Anwar, Barrister at Law v. the Station House Officer, Civil Line Police Station, Lahore and another PLD 1972 Lah. 493;…

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