Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 342

Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,173

Penal Code (XLV of 1860)--- ----S. 342---Criminal Procedure Code (V of 1898), Ss.154 & 173---Constitution of Pakistan, Art.199---Constitutional petition---Wrongful confinement---Registration of second F.I.R.---F.I.R. was registered under S.342, P.P.C. on the direction of Justice of Peace---Petitioner/complainant contended that said F.I.R. did not reflect the allegation levelled by him in his application filed before Justice of Peace and sought registration of second F.I.R. containing the offences made out in his application---F.I.R. already registered and application of the petitioner, had revealed that same were consistent with each other---Allegations contained in the application were very much incorporated in the F.I.R.---So far as the question of omission in mentioning the correct offences in the F.I.R. was concerned, Trial Court had ample power to add or delete the offences, if it was so required on perusal of contents of the F.I.R.---Facts and circumstances of case did not disclose the commission of a separate cognizable offence, and F.I.R. was registered as per contents of the application submitted by the petitioner/complainant---No ground existed for ordering registration of second F.I.R. in the case---Investigation of case was in progress; and petitioner could approach Investigating Officer for addition of offences alleged to have been committed by accused---Even after the completion of the investigation and submission of a report under S.173, Cr.P.C. petitioner, would have another remedy before the Trial Court for redressal of his grievance---Fate of a criminal case depended upon the contents of F.I.R. and the prosecution evidence, and not on provisions of offence, under which the F.I.R. was registered by the Police; as the courts were not bound by the ipse dixit of Police. Wajid Ali Khan Durani and others v. Government of Sindh and others 2001 SCMR 1556 and Rana Ghulam Mustafa v. Station House Officer, Police Station, Civil Line, Lahore and 2 others PLD 2008 Lah. 110 ref. JUDGMENT SH. AHMAD FAROOQ, J.---Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner, has prayed for passing…

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