Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent power of High Court---Review of ---Scope---High Court under its inherent power could review its or order if it was found to have been passed without jurisdiction or without adjudication on merits in violation of any law or where same was obtained by playing fraud upon the court. 2010 PCr.LJ 658 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Registration of FIR---Delay---Scope---Section 154, Cr.P.C laid down procedure for registration of cognizable cases and it gave mandatory direction for registration of the case as per procedure and police had no power to cause delay in registration of the case---Police was bound to enable the machinery of law to come into play as soon as it was possible and first information report (FIR) should be registered without any delay. (c) Criminal Procedure Code (V of 1898)--- ----S.154---Registration of FIR---Purpose---Culpability of accused nominated in FIR---Scope---Purpose of S. 154, Cr.P.C. was to give information of cognizable offence to the concerned Station House Officer (SHO) and set machinery of law into motion---Fate of accused nominated in FIR could not be decided solely on the allegation made in the FIR. PLD 2007 SC 539 rel. (d) Criminal Procedure Code (V of 1898)--- ----S. 154---Registration of FIR---Scope----Where a cognizable offence was made out from the statement of the informant/ complainant, then it became mandatory for the police to lodge the FIR. ORDER M.A. No.7861/2012 SAYED MUHAMMAD FAROOQ SHAH, J.---Before filing the instant application under section 561-A, Cr.P.C. (M.A. No.7861/2012) an order was passed on 19-2-2012 on Criminal Miscellaneous Application No.S-615 of 2012. The applicant Soofi Aurangzeb (proposed accused) has sought to recall the order on the facts and grounds stated in the application. 2. Heard the learned counsel for the parties and perused the record. 3. By an order dated 19-12-2012, the concerned SHO or anyone as acting on his behalf was directed to register the FIR against the proposed accused, but strictly in accordance with law. Applicant Soofi Aurangzeb has conducted the investigation who is proposed…

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