| Citation(s) |
|---|
| 2016 SLG 2016 2016 SLD 2016 2016 PLJ 92 |
Lahore High Court
W.P. No. 3769 of 2015, decision Date : 26.8.2015. Heard on: 26.8.2015.
SYED SHAHBAZ ALI RIZVI, JUSTICE, FARRUKH GULZAR AWAN, JUSTICE
Mr. Muhammad Saleem Faiz, Advocate for Petitioner. Mr. Muhammad Iqbal Mahar, Asstt. AG for
Respondents.
W.P. No. 3769 of 2015, decision Date : 26.8.2015. Heard on: 26.8.2015.
SYED SHAHBAZ ALI RIZVI, JUSTICE, FARRUKH GULZAR AWAN, JUSTICE
Mr. Muhammad Saleem Faiz, Advocate for Petitioner. Mr. Muhammad Iqbal Mahar, Asstt. AG for
Respondents.
ABDUL HAMEED ASLAM
VS
ADDITIONAL SESSIONS JUDGE, CHISHTIAN AND 2 others--RespondentS
Law: Constitution of Pakistan, 1973
Section: 199
Law: Police Order (22 of 2002)
Section: 155(c)
Constitution of Pakistan, 1973---.--- ---.---Art. 199---.---Police Order, 2002, S. 155(c)---.---Constitutional petition---.---Non-compliance of order of Court---.---Non-cognizable offence---.---Not competent to issue direction for registration of FIR---.---Order did not reflect anything---.---Validity---.---Subsequent order sheets of trial Court reflected that PWs were produced and their statements stand recorded though they had not been cross-examined yet by defence as accused of case was reluctant to engage his private counsel to cross-examine witnesses---.---Impugned order passed by A.S.J. is harsh and against principles of administration of justice. THIS ORDER PASSED BY: SYED SHAHBAZ ALI RIZVI, JUSTICE:---.--- By means of this constitutional petition, the petitioner, who is serving as Station House Officer, impugns the order dated 19.03.2015 whereby Respondent No. 1 issued direction to the District Police Officer, Bahawalnagar, to register a criminal case against the petitioner under Section 155-C of Police Order, 2002, for non-compliance of the order of the Court. 2. Brief facts of the matter in hand, necessitating the petitioner to file the instant petition are that during proceedings of trial in case FIR No. 140 dated 05.05.2014 offence under Section 9-C of Control of Narcotic Substances Act, 1997, registered with Police Station Bakhsh Khan, DistrictBahawalnagar, due to non-production of prosecution witnesses, show-cause notice was issued to the petitioner with direction also to appear in person but this direction was not complied-with by the petitioner resulting into passing of the impugned order. 3. Learned counsel for the petitioner maintains that the impugned order is without any legal justification; that neither petitioner was served with any show-cause notice nor was afforded the opportunity of hearing which is against the principles of natural justice; that even otherwise offence under Section 155-C of Police Order, 2002, is non-cognizable so Respondent No. 1 is not competent to…
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