Law:

Section:

Criminal Procedure Code (V of 1898)--- ---Ss. 161 & 164---Police Rules, 1934, Ch. XXV, R. 25(2)(iii)---Constitution of Pakistan, Art. 199---Constitutional petition---Recording of statement of material witness---Investigation of case---Duty of Investigating Officer---Scope---Investigating Officer had refused to record statement of material prosecution witness (petitioner) on the ground that same went against the prosecution---Magistrate also refused request of the material witness to record his statement under S. 164, Cr.P.C.---Validity---Investigating officer was obliged to conduct fair, impartial and honest investigation and to collect the evidence produced by the prosecution and that by the accused---Facts of the case showed that petitioner was a material witness and Investigating Officer was duty bound to record his statement in view of Police Rules, 1934 and in case of refusal, Judicial Magistrate could record his statement under S. 164 Cr.P.C., to unearth the real controversy and to enable the court to come to the right and just conclusion---Constitutional petition was allowed and Investigating Officer was directed to record statement of witness in question. Muhammad Sarfraz Khan v. The Crown PLD 1953 Lah. 495; Liaqat Ali v. The State 1998 PCr.LJ 216; Mst. Amina Bibi v. Sessions Judge, Layyah and Mst. Mumtaz Akhtar v. Illaqa Magistrate, Chakwal and 2 others 1997 MLD 3021 and Wilayat Khan and another v. Judicial Magistrate, Abbottabad and 2 others 2005 MLD 960 rel. JUDGMENT KHALID MAHMOOD, J.---Shad Muhammad Khan seeks the constitutional jurisdiction of this Court praying for:- "That on acceptance of instant writ petition, the impugned order of Judicial Magistrate, Mansehra and that of Sessions Judge, Mansehra be declared to be without lawful authority and Judicial Magistrate Mansehra be directed to record the statement of Qari Mushtaq and his wife under section 164, Cr.P.C." 2. The facts, as mentioned in the petition, are that on the report of Mst.Sofia Niaz a case vide F.I.R. No.93 dated 24-4-2012 under sections 365-B/324/310-A/ 498-B/ 458/ 506/ 147/ 148, P.P.C. was registered at Police Station Lassan Nawab. It is averred in the petition that Qari…

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