| Citation(s) |
|---|
| 2017 SLG 2699 2017 SLD 2699 2017 PCRLJ 1155 |
Balochistan High Court
C.P. No. 1114 of 2016 and C.P. No. 34 of 2017, decision Dated: 17-04-2017. hearing Dated: 03-04-2017.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Ajmal Khan Kakar (in C.P. No. 1114 of 2016). Sohail Ahmed Rajpoot (in C.P. No. 34 of 2017).
Respondent(s) by: Abdul Latif Kakar, Additional P.G. Samiullah Khan for proposed accused Abdul Raheem and others.
C.P. No. 1114 of 2016 and C.P. No. 34 of 2017, decision Dated: 17-04-2017. hearing Dated: 03-04-2017.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Ajmal Khan Kakar (in C.P. No. 1114 of 2016). Sohail Ahmed Rajpoot (in C.P. No. 34 of 2017).
Respondent(s) by: Abdul Latif Kakar, Additional P.G. Samiullah Khan for proposed accused Abdul Raheem and others.
MUHAMMAD KHAN AND OTHERS
VS
ADDITIONAL SESSIONS JUDGE, CHAMAN AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 22A,22B,154,155,156
Law: Pakistan Penal Code, 1860
Section: 34,302
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 154, 155 & 156---Recording of FIR---Officer Incharge of Police Station was bound to lodge the report immediately on receipt of information with regard to commission of a cognizable offence---Officer Incharge of Police Station, in the presence case, refused to record FIR only because, in his opinion, the allegations conveyed to him were false---Validity---Officer Incharge of Police Station was bound to reduce into writing, any information given to him, either in writing or oral, relating to commission of an offence cognizable in nature under S. 154, Cr.P.C.---Section 155, Cr.P.C. dealt with the information in respect of offence being non-cognizable in nature---Section 156, Cr.P.C. provided procedure, required to be adopted by an Officer Incharge of Police Station to investigate in a cognizable case reported to him---Investigation was to be made only after recording the FIR---Record showed that legal procedure had not been adopted by the Officer Incharge of Police Station---No report was submitted to the concerned court, or other steps, as provided therein, were taken---Information given by the petitioner about commission of offence remained unattended---Officer Incharge of Police Station had conducted some inquiry as per order of the Ex-Officio Justice of Peace but with no results---Report of inquiry filed before the court did not amount to an investigation as provided under S. 157, Cr.P.C.---Said report was based on narration of the facts as made in statement of the petitioner, or as described by the nominated person---Mere narration of facts did not serve the purpose---Officer Incharge of Police Station was required to arrive at a decision that cognizable offence was made out, if so, FIR was to be registered but there was complete failure on the part of concerned authorities---Complaint of the petitioner and report submitted by the Officer Incharge of Police Station, had made out offence of cognizable nature, which was required to be registered---Constitutional petition was accepted in circumstances and Officer Incharge Police Station concerned was directed to register the FIR against the proposed accused…
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