Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 302/148/149

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)---.--- ---.---S. 154---.---Penal Code (XLV of 1860), Ss. 302/148/149---.---Constitution of Pakistan (1973), Art. 199---.---Qatl-e-amd and rioting armed with deadly weapon---.---Constitutional petition---.---Registration of F.I.R.---.---Real brother of the applicant respondent had been killed by the police and according to the F.I.R. his death had occurred due to a police encounter---.---In a judicial inquiry held by Magistrate it was found that the occurrence was a fake encounter staged by the police and the death of the deceased was an extra judicial killing---.---Police then rushed into registration of a criminal case using the text of the judicial inquiry as the subject of the F.I.R., and wasted no time in recording the opinion of innocence without associating any aggrieved persons with the investigation and declared all the police officials as innocent---.---Brother of the deceased had arrogantly and contemptuously been kept at a distance by the police and they never attended to his grievance---.---Sessions Court, thereafter, on the application of the deceased's brother directed the SHO to register a criminal case against the persons mentioned therein, vide impugned order---.---Validity---.---Contention that other F.I.R. on the version of the applicant brother of the deceased could not be recorded was not legal---.---Version of the applicant had not been cared of by the police so far, rather his efforts to get a criminal case lodged had been obstructed by the respondents police officers---.---F.I.R. sought to be registered could not be stopped, as prima facie contents of the application had made out a cognizable offence---.---Another F.I.R. could be registered in circumstances---.---Station House Officer was, consequently, directed to record the statement of the brother of the deceased under S. 154, Cr.P.C. and proceed further in accordance with law---.---Constitutional petition was accepted accordingly. Wajid Ali Durrani and others v. Government of Sindh and others 2001 SCMR 1556; Muhammad Basheer v. The SHO Okara Cantt. and others PLD 2007 SC 539; Mst. Allah Rakhi v. DPO, Gujranwala and 5 others 2009 MLD Lah. 99; Mrs.…

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