Case Details

Citation(s)
2017 SLG 109 2017 SLD 109 2017 PCRLJ 96
Peshawar High Court
W.P. No. 1067-A of 2015, decided on 11th February, 2016. Date of hearing: 11th February, 2016.
LAL, JAN KHATTAK, JUSTICE AND QALANDAR ALI KHAN, JUSTICE
Fazal-i-Haq Abbasi for Petitioner. Abdul Saboor Khan and Muhammad Naeem Abbasi, A.A.G. for
Respondents.

SAMINA BUKHARI

VS

. MUHAMMAD JAVED ABBASI AND OTHERS

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 54, 154, 156 & 157---Arrest---Principle---Law vests an absolute discretion in a police officer, under S. 54, Cr.P.C., to arrest a person accused of commission of cognizable offence without a warrant or conversely dispense with arrest of such person which in any case, is not an essential prerequisite for conduct of investigation into a cognizable case under S.156, Cr.P.C. or into a case where cognizable offence is only suspected under S. 157, Cr.P.C. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 54, 154, 156 & 157---Registration of case---Arrest of accused---Principle---Petitioner was aggrieved of order passed by Ex-Officio Justice of Peace directing police to register FIR against her---Validity---No illegality or legal infirmity was discernable from order of Ex-Officio Justice of Peace to warrant interference by High Court in its Constitutional jurisdiction---Not incumbent upon police to embark on harassment and arrest of a person against whom even allegation of commission of cognizable offence was levelled simply because that was neither a requirement of law nor a sine qua non for a just and fair investigation--- Constitutional Petition was dismissed under circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---.--- Samina Bukhari, Incharge Complaint Cell, SP Office, Haripur (petitioner), is aggrieved of the order dated 30.10.2015 of the learned Additional Sessions Judge-II/ Justice of Peace, Haripur (respondent No.2), and has therefore, invoked the constitutional jurisdiction of this Court under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, for quashment of the impugned order, whereby, respondent No.2 directed SHO Police Station City, Haripur (respondent No.3), to register case under relevant penal provision in the light of contents of the petition under section 22-A, Cr.P.C. by Muhammad Javed Abbasi (respondent No.1). 2. The background of the case, briefly, stated is that petitioner is Incharge Complaint Cell, SP Office, Haripur, while respondent No.1 is Bureau Chief, K2 Times and Host of K2 TV, District Haripur. On the report of the petitioner,…
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