Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Pakistan Penal Code, 1860

Section: 371A,371B

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----S. 154---Constitution of Pakistan, Art. 199--- Constitutional petition---Registration of criminal case---Petitioner had prayed for a direction to S.H.O. concerned for recording his statement as well as of the eye-witnesses of the occurrence, which disclosed the commission of a cognizable offence; and thereafter registration of a criminal case against accused persons---S.H.O. had submitted a report wherein it was mentioned that on an earlier application of the petitioner, an inquiry was conducted and the allegations of the petitioner were found to be false---Officer Incharge of Police Station, no doubt could not embark upon an inquiry or investigation in order to find out the truthfulness or otherwise of the contents of an application or information, which disclosed the commission of a cognizable offence prior to the registration of a criminal case as envisaged in S.154, Cr.P.C.; however each case was to be decided on its own peculiar facts and circumstances---Petitioner could not produce any proof regarding alleged commission of cognizable offence against her---Information provided by the petitioner through her earlier application did not disclose the commission of a cognizable offence---No direction, could be issued to S.H.O. for registration of a criminal case against alleged accused persons, in constitutional jurisdiction of High Court in circumstances---Even otherwise petitioner had an alternate remedy of filing a private complaint before the court of competent jurisdiction---Constitutional petition was dismissed. THIS ORDER PASSED BY: SH. AHMAD FAROOQ, J.--- Through the instant petition under Art. 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for passing a direction to respondent No.3 for recording her statement as well as of the eye-witnesses of the occurrence, which disclosed the commission of a cognizable offence and thereafter registration of a criminal case against the accused persons. The petitioner has also prayed for passing a direction to respondent No.1 for initiating departmental proceedings against respondents Nos. 2 and 3 for not complying with the orders of…

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