Case Details

Citation(s)
2013 SLG 2479 2013 SLD 2479 2013 YLR 820
Lahore High Court
Writ Petitions Nos. 29215 and 29606 of 2011 and 29 of 2012, decided on 16th March, 2012
SH. NAJAM-UL-HASAN, J
Muhammad Azhar Siddique for Petitioner (in Writ Petition No. 29215 of 2011 and 29 of 2012). Muhammad Zubair Khalid Chaudhary for Petitioner (in Writ Petition No. 29606 of 2011). Arif Yaqoob Khan, Assistant Advocate-General along with Raza Safdar Kazmi, DS

MASAL KHAN

VS

GOVERNMENT OF PAKISTAN through Ministry of Home, Islamabad 7 and others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss.154 & 157---Cognizable offence---Duty of Station House Officer---Scope---From information received through F.I.R. or otherwise, if even Station House Officer suspects commission of cognizable offence, he is duty bound to immediately commence investigation of such case and that such investigation has to be done at the spot i.e. at the place of occurrence and not at some other place. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss.154, 155 & 157---Constitution of Pakistan, Art.199---Constitutional peti-tion---Cognizable offence---Registration of case---Plea raised by petitioner was that Station House Officer did not comply with direction issued by Ex-Officio Justice of Peace---Validity---Mandatory under S. 154 Cr.P.C., for Station House Officer to record such information which had disclosed commission of cognizable offence---If cognizable offence was not made out then Station House Officer had to report matter under S. 155, Cr.P.C.---Station House Officer having prepared report under S. 157, Cr.P.C. it was clear that he was aware of the fact that there were circumstances indicating commission of cognizable offence so he must have registered case under S. 154, Cr.P.C. and thereafter he would have proceeded in accordance with law which included proceedings under S. 157, Cr.P.C.---Matter was never placed before investigation department for investigation which was against scheme of criminal law in such respect---Station House Officer did not comply with order of Ex-officio Justice of Peace in sheer violation of law---High Court directed Station House Officer to see that orders of Ex-Officio Justice of Peace, were complied with in accordance with law in letter and spirit---Petition was disposed of accordingly. Rai Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2010 SC 691 ref. ORDER SH. NAJAM-UL-HASAN, J.---By way of this common order Writ Petition No. 29215 of 2011 (Misal Khan v. Govt. of Pakistan and others), Writ Petition No.29606 of 2011 (Sardar Dost Muhammad Khosa v. I.G.P. Punjab and others) and Writ…
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