| Citation(s) |
|---|
| 2011 SLG 2205 2011 SLD 2205 2011 YLR 883 |
Lahore High Court
Writ Petition No. 12036 of 2010, decided on 8th November, 2010
KH. IMTIAZ AHMAD, J
Tahir Iqbal Malik for Petitioner
Writ Petition No. 12036 of 2010, decided on 8th November, 2010
KH. IMTIAZ AHMAD, J
Tahir Iqbal Malik for Petitioner
IMAN ULLAH
VS
JUSTICE OF PEACEADDITIONAL SESSIONS JUDGE RAJANPur DISTRICT and 3 others
Law:
Section:
Criminal Procedure Code (V of 1898)--- ---Ss.22-A & 22-B---Penal Code (XLV of 1860), Ss. 302, 311 & 109/34---Constitution of Pakistan, Art.199---Constitutional petition---Qatl-e-amd---Registration of criminal case---Earlier one Police Officer connived with accused and got the false case registered---Justice of Peace after inquiry vide impugned order, ordered for registration of case and further directed that Police Officer who got registered the case and was Investigating Officer of the case, should transfer investigation to some other Police Officer---Accused had challenged said order of Justice of Peace on the ground that when F.I.R. had already been registered, second F.I.R. could not be registered---No law existed to the effect that second F.I.R. could not be registered, if the circumstances so required---Daughter of the deceased who was the natural witness should have been the complainant, but instead a Police Officer who was also the Investigating Officer of the case was made a complainant---Second F.I.R., in circumstances was permissible under the law---Most natural witness who should have been the complainant, having been deprived to become a complainant in the F.I.R., Justice of Peace had committed no illegality by issuing the direction for the registration of the F.I.R. on the statement of daughter of the deceased. Mst. Anwar Begum v. Station House Officer PLD 2005 SC 297 and Wajid Ali Khan Durrani and others v. Government of Sindh and others 2001 SCMR 1556 rel. ORDER KH. IMTIAZ AHMAD, J.---The present writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed challenging the order dated 2-11-2010 passed by the learned, Ex-Officio Justice of the Peace whereby he directed the police to register a case against the petitioner and his co-accused. 2. The relevant facts for the disposal of this writ petition are that one Muhammad Akram, S.-I, Police Station Saddar Rajanpur got a criminal case registered bearing F.I.R No.399 dated 18-10-2010 under sections 302 311, 109/34, P.P,C. Police Station Saddar District Rajanpur. In the said F.I.R Muhammad Akram S.-I. had reported that he along with other police…
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