Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(6) & 561-A---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd; common intention---Petition under S. 561-A, Cr.P.C.---Registration of second FIR on the directions of Justice of Peace after cancellation of the first---Permissibility---Petitioner, on the same allegations, had made a report against the respondents for causing injury on his person, which had been recorded in daily diary and inquired into by the police, whereafter a final report had been submitted before the Magistrate, who had filed the same without proceeding further in the matter---Once the report of the police, containing the same allegations, had been filed by the Magistrate after proper inquiry, the order of Justice of Peace for registration of the FIR was not warranted under law---Justice of Peace had materially erred in accepting the application---Impugned order for registration of FIR was set aside---Application was allowed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 156(1) & 154---Investigation of cognizable offence before registration of FIR---Permissibility---Contention that police was not empowered to investigate the case prior to registration of a case was misconceived---Section 156(1), Cr.P.C. envisaged that any officer-in-charge of a police station might, without the order of a Magistrate, investigate any cognizable case, which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chap. XV relating to the place of inquiry or trial. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFAR KHAN, JUSTICE:----------- Through the instant petition under section 561-A, Cr.P.C., the petitioners have called in question the order dated 28.8.2015 rendered by learned Additional Sessions Judge-IV/Justice of Peace, D.I. Khan, whereby application filed by respondent No.2 under section 22-A(6), Cr.P.C. was allowed and the SHO of police station concerned was directed to register an FIR against the petitioners in the light of facts alleged in the application. 2. The brief facts giving rise to the instant petition…

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