Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------Ss. 22-A, 22-B & 154 --------- Penal Code (XLV of 1860), Ss. 302, 324, 353 & 186 --------- Arms Ordinance (XX of 1965), Ss. 13 & 20 --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant to discharge his public duty, obstructing public servant in discharge of public functions --------- Registration of FIR --------- Registration of second FIR during judicial inquiry or during existence of alternate remedy --------- Permissibility --------- Complainant filed application before Justice of Peace under Ss. 22-A & 22-B, Cr.P.C. for registration of second FIR against respondents (Police Officials), who were alleged to have murdered complainant's son in police encounter --------- Ex-Officio Justice of Peace had directed police to record statement of complainant under S. 154, Cr.P.C. --------- Contention raised by respondents was that they had already registered criminal case for murder of complainant's son --------- Complainant took plea that as respondents themselves had murdered his son in police encounter, so they had left actual facts out of first FIR, and that parties for second FIR were different --------- Validity --------- Police party, having killed complainant's son, to save their skins, had registered FIR against unknown assailants by leaving lacunae therein --------- Second FIR was permissible if truthfulness of first FIR had become highly doubtful --------- Existence of proceedings in judicial inquiry or existence of alternate remedy was no bar to registration of second FIR --------- Complainant had made out case for registration of second FIR --------- No illegality or infirmity could be pointed out in impugned order --------- Order of Ex-Officio Justice of Peace was maintained --------- Constitutional petition was dismissed in circumstances. Mushtaq Hussain and others v. The State 2011 SCMR 45; Mst. Anwar Begum v. Station House Officer and others PLD 2005 SC 297; Muhammad Arif v. Umar Farooq, Inspector Police and 5 others 2010 MLD 128 and Mrs. Ghanwa Bhutto…

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