Law: Penal Code (XLV of 1860)

Section: 452/354/420/468/471/419/148/149

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV of 1860)--- ----Ss. 452/354/420/468/471/419/148/149---Criminal Procedure Code (V of 1898), S.154---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of second F.I.R.---First F.I.R., after its registration, was duly investigated and was proposed to be cancelled by the Investigating Officer, which was cancelled by the Magistrate---Complainant, thereafter, could have filed a private complaint or could have further challenged the order of cancellation, but he, by ignoring these remedies opted to register a second F.I.R. after about six months---Second F.I.R. was verbatim reproduction of the first F.I.R.---Once the accused had been declared to be innocent, having not committed any cognizable offence, provisions of S. 154, Cr.P.C. were not available for re-embarking upon the matter on the same facts and allegations---However, had there been any malpractice by the police or anybody else in registration of the first F.I.R., subsequent registration of the case could have been made, but no such circumstance had cropped up in the present case--,-Registration of the second F.I.R. on the face of it was misuse of process of law and the same was quashed accordingly. Ch. Waheed-uz-Zaman v. Jamil and others 1997 PCr.LJ 1167; Wajid Ali Khan Durani and others v. Government of Sindh and others 2001 SCMR 1556 and Jamshed Ahmed v. Muhammad Akram Khan and another 1975 SCMR 149 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 173---Second F.I.R., registration of---Second F.I.R. is not permissible on the basis of same occurrence, facts and allegations, especially when the earlier F.I.R. stood cancelled on the police report under S.173, Cr.P.C. Ch. Waheed-uz-Zaman v. Jamil and others 1997.PCr.LJ 1167 and Jamshed Ahmed v. Muhammad Akram Khan and another 1975 SCMR 149 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 154---Subsequent F.I.R., registration of---Had there been any malpractice by the police or anybody else in registration of the first F.I.R., subsequent F.I.R. could be registered in the matter. Wajid Ali Khan Durani and others v. Government of Sindh and others 2001 SCMR 1556 ref. THIS ORDER PASSED BY:…

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