| Citation(s) |
|---|
| 2018 SLG 2347 2018 SLD 2347 2018 PLJ 391 |
Human Rights Case No. 10842-P of 2018, decision Dated: 23.05.2018. Hearing Date : 09.05.2018. (Regarding registration of second FIR in respect of a police encounter wherein the petitioner€™s son namely Mohsin Ali was killed at the hands of the local police)
ASIF SAEED KHAN KHOSA, ACJ, MUSHIR ALAM, JUSTICE MAQBOOL BAQAR, JUSTICE MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE SAJJAD ALI SHAH, JUSTICE
Mr. Ashtar Ausaf Ali, Attorney-General for Pakistan assisted by Barrister Asad Rahim, Mr. Muhammad Usman Rauf, Mirza Moiz Baig and Mr. Nousherwan Niazi, Advocates. Mr. Qasim Ali Chauhan, Additional Advocate-General, Punjab. Nemo on behalf of the Advocate-General, Sindh. Mr. Zahid Yousaf Qureshi, Additional Advocate-General, Khyber Pakhtunkhwa. Mr. Ayaz Swati, Additional Advocate-General, Balochistan. Mr. Tariq Mehmood Jehangiri, Advocate-General, Islamabad. Mr. Saeedullah Khan, ASC, Mr. Babar Nadeem, Advocate, Mr. Abu Bakar Khuda Bakhsh, Additional Inspector-General of Police, Punjab.
MST. SUGHRAN BIBI
VS
STATE
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 154--Registration of FIR--Commission of cognizable offence--New version regarding commission of cognizable offence is to be treated as first information--Question of--Whether a separate FIR can be registered for every version of same incident and if no, then how such new version be recorded and investigated by the police--In instant case challan in the case was submitted and complainant also file a private complaint in connection of that FIR and trial is already in progress--As an FIR had been registered in the present case regarding the same occurrence and the offences allegedly committed therein and upon completion of the investigation of the case a Challan had been submitted before the trial Court and as the present petitioner had instituted a private complaint depicting her version of the same incident and after summoning of the accused persons nominated therein a trial is already in progress in connection with that private complaint, therefore, ordering registration of another FIR based upon the petitioner's version of that very incident is not legally warranted--Petition dismissed. Jamshed Ahmad v. Muhammad Akram Khan and another (1975 SCMR 149), Kaura v. The State and others (1983 SCMR 436), Wajid Ali Khan Durani and others v. Government of Sindh and others (2001 SCMR 1556), Mst. Anwar Begum v. Station House Officer, Police Station Kalri West, Karachi and 12 others (PLD 2005 SC 297) and Ali Muhammad and others v. Syed Bibi and others (PLD 2016 SC 484) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 154--If first information report to a cognizable offence u/S. 154, Cr.P.C. is called F.I.R. (First Information Report, second information to police is called an S.I.R. and third information regarding same offence in called as T.I.R., but there is no provision for an S.I.R. and T.I.R. in Cr.P.C. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 154--Where there is only one FIR in respect of one occurance wherein a cognizable offence has been committed and any other version of the same incident advanced by any person during the investigation of the case is to be recorded u/S. 161, Cr.P.C.--Primary purpose of…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492