Law: Criminal Procedure Code (V of 1898)

Section: 22A,22A(6),154,160,164,173,491

Law: Police Rules, 1934

Section: R.25.2(3)

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 154, 173 & 160---Police Rules, 1934, R. 25.2(3)---Ex-officio Justice of Peace---First Information Report (FIR)---Investigation officer, duty of---Registration of multiple FIRs for the same incident---Arrest of accused---Petitioner assailed order of Ex-officio Justice of Peace whereby his application for registration of FIR was dismissed---Petitioner and his brother was running a tea shop when deceased along with three unknown persons came to their shop and demanded "Bhata"---Deceased, on refusal of petitioner to pay "bhata", made firing which injured the petitioner and his brother---Companions of deceased also made firing at them as a result of which deceased was injured and died---Petitioner and his brother were charged by police for murder of deceased---Validity---Investigating officer is free to entertain any number of versions and cannot commit himself prematurely to any view of the facts, for or against any person---Police was not supposed to investigate the case only as asserted in the FIR and then to lead evidence in the Trial Court on the accusations levelled therein---Investigating officer is bound to collect every possible information about the occurrence and submit a report under S.173, Cr.P.C. not in terms of the allegation of FIR but in accordance with the actual facts discovered during investigation---If a separate FIR is registered then the accused nominated would not automatically be arrested as the law does not permit arrest of a person merely on the basis of bald allegation levelled against him---High Court observed that arrest of a person is not to be a matter of course and it is conditional upon fulfillment of requisite legal requirements--- Constitutional petition was dismissed, accordingly. Mst. Sughran Bibi v. State PLD 2018 SC 595 and 1983 SCMR 436 fol. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, J.--- The petitioner through instant writ petition has invoked the constitutional jurisdiction of this Court, praying that:-- "It is, therefore, most humbly prayed that on acceptance of this writ petition, this Hon'ble Court may very graciously be pleased to set aside the impugned…

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