| Citation(s) |
|---|
| 2014 SLG 1191 2014 SLD 1191 2014 PCRLJ 52 |
Lahore High Court
Writ Petition No.3479 of 2011/BWP, decision dated: 16-05-2013
SHAHID BILAL HASSAN, J
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Writ Petition No.3479 of 2011/BWP, decision dated: 16-05-2013
SHAHID BILAL HASSAN, J
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AMAR UL HASSAN ZIKRIA
VS
ADDITIONAL SESSIONS JUDGE and others
Law:
Section:
Criminal Procedure Code (V of 1898)---Ss. 154, 22-A & 22-B--- Constitution of Pakistan, Art.199---Constitutional petition--- Cognizable offence--- Registration of complaint---Preliminary inquiry---Scope---Grievance of petitioner was that inquiries were allegedly held wherein accused was found innocent and stance of petitioner was found incorrect, despite the fact that serious allegations had been levelled against accused and wrong doers---Validity---All such acts by authorities denying petitioner his lawful right were unwarranted under the law---Police officials, at the very outset were bound to see as to whether a cognizable office was made out from bare reading of petition or not---As cognizable offence was made out, therefore, police officials were not under the law, bound to hold a preliminary inquiry as to the correctness or otherwise of allegations---From bare reading of complaint of petitioner, cognizable office was made out under the relevant provisions of law and police was bound to register criminal case against wrong doers---High Court directed police to register a case against accused and conduct investigation strictly in accordance with law---Petition was allowed in circumstances. Muhammad Basir v. SHO and others PLD 2007 SC 539; Ghulam Farid v. S.H.O. and others 2013 PCr.LJ 117 and Mst. Sulima v. Government of Sindh through Secretary Home Department and 14 others 2013 PCr.LJ 100 rel. ORDER SHAHID BILAL HASSAN, J.---Through this constitutional petition, the petitioner has sought direction to the respondent No.2 so as to register a criminal case against respondent No.4/SHO Police Station City C-Division, Rahim Yar Khan and five other persons and to act strictly in accordance with law. 2. Factually speaking prior to approaching this court, the petitioner approached the learned Additional Sessions Judge/Justice of Peace, through an application under section 22-A/22-B of Cr.P.C. for redressal of the same grievance as mentioned above. On the said application, after all the requisite procedure the learned Addl. Sessions Judge/Justice of Peace, Rahim Yar Khan was pleased to dispose of the application vide order dated 8-2-2010 as follows:-- "As per…
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