Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 154---Information in cognizable offence---Registration of FIR---Scope---Concerned SHO was duty bound to record statement of petitioner and if cognizable case was appeared from his statement then FIR under S.154, Cr.P.C. should be lodged---Prompt action and registration of FIR was required in a case of dacoity---Petitioner and the police had entered into a tussle of avoiding to record FIR of the incident as the petitioner wanted to name the SHO of Police Station in the FIR- Petitioner, in circumstances, was to approach the Police Station and get recorded his statement before Duty Officer or SHO and if front such statement so recorded, case of cognizable nature came out and name of said SHO was mentioned in such FIR then appropriate action should be initiated in accordance with law---No arrest of the SHO be made until tangible evidence appeared against him during investigation to be conducted by officer no less than DSP and if SHO was found negligent in performance of his duties then disciplinary action should be taken to safeguard rights of public in interests of justice- Constitutional petition was allowed, accordingly. THIS ORDER PASSED BY: HASSAN FEROZ, JUSTICE:---.--- This is a harassment petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, filed by petitioner who is practicing Lawyer of High Court at Karachi. 2. Brief facts giving rise to this petition are that petitioner had filed an application under sections 22-A and B, Cr.P.C. before the District and Sessions Judge, Dadu seeking direction for recording his statement under section 154, Cr.P.C. which was transferred to Ist Additional District and Sessions Judge, Dadu for disposal and on 03.12.2013 learned 1st Additional District and Sessions Judge, Dadu allowed the application with direction to Respondent No. 1, Station House Officer Khudabad to record statement of the petitioner and if from the contents of statement so recorded, cognizable offence is made out, register FIR against the proposed accused. On 06.12.2013 petitioner appeared before the Ex-SHO namely Shahnawaz Otho who firstly refused to record statement but later…

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