Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 561-A----Penal Code (XLV of 1860), Ss. 302, 324, 353 & 186--Constitution of Pakistan, Art.199---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant in discharge of his duty, obstructing public servant in discharge of public functions---Registration of second FIR---Principles---Powers of Ex-officio Justice of Peace---Inherent powers of High Court---Application under S.561-A, Cr.P.C. converted into constitutional petition----Scope---Petitioner filed application under S.22-A, Cr.P.C. for registration of second FIR against respondents-police officials who had been alleged to have killed petitioner's son in police encounter, which was dismissed by Ex-officio Justice of Peace---Respondents had already registered FIR against co-accused along with deceased for firing at them during police encounter---Contention raised by petitioner was that respondents had killed her son by torturing him---Held, contradictions existed in and between statements of prosecution witnesses as to manner and time of death of deceased---Respondents, having fired at deceased, had alleged to have taken him to hospital, but no medico legal certificate had been produced---Prosecution could not explain multiple injuries caused on body of deceased while he was in custody of respondents (Police Officials)---Unexplained wound on skull and temporal/occipital region of deceased caused by blunt means had necessitated registration of second FIR as per version of petitioner and then investigation thereunder---Two distinct and opposite versions had come on record---Manner of occurrence, place of occurrence and other details were not only different, but same were also opposite to each other---Interest of justice demanded that separate FIR on basis of petitioner's application should have been recorded and investigated upon---After two versions were placed before court, who then had to decide and adjudicate upon as to which of the two versions was wholly or partly correct and which of accused persons were liable to be convicted---High Court, setting aside impugned order of Ex-officio Justice of Peace,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492