| Citation(s) |
|---|
| 2014 SLG 2623 2014 SLD 2623 2014 PLD 71 |
Islamabad High Court
Writ Petition No. 1939 of 2013, heard on 12th July, 2013. heard on: 12th July, 2013.
NOOR-UL-HAQ N. QURESHI, JUSTICE
Tariq Asad for Petitoiner. Muhammad Ilyas Siddiqui for
Respondent No. 2.
Writ Petition No. 1939 of 2013, heard on 12th July, 2013. heard on: 12th July, 2013.
NOOR-UL-HAQ N. QURESHI, JUSTICE
Tariq Asad for Petitoiner. Muhammad Ilyas Siddiqui for
Respondent No. 2.
HAROON RASHID
VS
STATION HOUSE OFFICER, POLICE STATION ABPARA, Islamabad court AND ANOTHER
Law:
Section:
(a) Criminal Procedure Code (V of 1898)---.--- ---.----Ss. 154 & 190---.---Police Rules, 1934, R. 24.1---.---F.I.R., registration of---.---Legitimate right of complainant---.---Obligation of police---.---Scope---.---Right of registration of F.I.R. was a legitimate right guaranteed by law, which could not be curtailed or denied to any person making complaint before a police officer---.---If a cognizable offence of like nature was reported at a police station, the police was under a statutory obligation as required under S.154, Cr.P.C and R.24.1 of Police Rules, 1934 to record version of complainant in verbatim and incorporate the same in the book of S.154, Cr.P.C---.--- From such verbatim, if non-cognizable offence was made out, the matter was to be reported to the concerned Magistrate for seeking further guidance and appropriate action. (b) Criminal Procedure Code (V of 1898)---.--- ---.----S. 154---.---F.I.R., registration of---.---Statutory duty of police---.---Scope---.---Word “shall†used in S.154, Cr.P.C---.---Interpretation---.---Word “shall†used in S.154, Cr.P.C manifested the intention of the legislature to make said provisions as mandatory in nature---.---Police had the statutory duty to record the information in the relevant book in a trice. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 and Tassaduq Hussain v. DPO and others 2007 PCr.LJ 145 rel. (c) Criminal Procedure Code (V of 1898)---.--- ---.----Ss. 22-A & 154---.---Constitution of Pakistan, Art. 199---.---Constitutional petition---.---Registration of F.I.R.---.---Military Operation carried out at Lal Masjid and Jamia Hafsa in July 2007 on the alleged orders of the then President of Pakistan/accused---.---Complainant's father and grandmother were killed during the operation and he moved several applications before the concerned Station House Officer for registration of F.I.R. against accused, but same were refused---.---Complainant also filed a petition before the Justice of Peace under S.22-A, Cr.P.C seeking a direction for registration of F.I.R. against accused, which was also rejected---.---Plea of accused that numerous other F.I.Rs had already…
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