Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 154---Constitution of Pakistan, Art.199---Constitutional petition---Registration of case---Word "shall"--- Effect--- Petitioner filed application before Justice of Peace for direction to police for registration of F.I.R. against respondents but the application was dismissed---Validity---Police was duty bound to record version of petitioner, if commission of cognizable offence was made out---Legislature had knowingly used word "shall" instead of "may" meaning thereby that no option was left with Officer Incharge of Police Station to record version of a party in a case where contents of the statement/ application had constituted commission of a cognizable offence---High Court directed Station House Officer of Police Station to register criminal case on the move of petitioner and set aside order passed by Justice of Peace---Petition was allowed accordingly. Muhammad Bashir v. S.H.O. Okara Cantt. and others PLD 2007 SC 539 fol. JUDGMENT SHUJAAT ALI KHAN, J.---By way of this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for setting aside of order dated 12-6-2012 passed by the learned Additional Sessions Judge, Bahawalpur, whereby he dismissed the petition filed by the petitioner under section 22-A and B. Cr.P.C and declined to issue direction for registration of a criminal case. 2. Shorn of unnecessary details, the facts, forming factual canvass of the instant petition, are that the petitioner filed an application before S.H.O. Police Station Saddar, Bahawalpur (respondent No.2) for registration of criminal case against respondents Nos.3 to 6. As no action was taken by respondent No.2 on the said application, the petitioner filed a petition under section 22-A, Cr.P.C. before the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Bahawalpur (respondent No.1) for issuance of a direction to respondent No.2 for registration of criminal case against respondents Nos.3 to 6. On the said petition comments were called from respondent No.2 who reported that the petitioner is neighbourer of respondent No.3 and he, in absence of said…

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