| Citation(s) |
|---|
| 2018 SLG 1045 2018 SLD 1045 2018 PCRLJ 456 |
Criminal Misc. No. 158 of 2016, decision & hearing Dated: 09-10-2017.
MALIK HAQ NAWAZ, JUSTICE
Amjad Hussain and Muhammad Saleem Khan for Petitioners. Jahanzeb Khan for
Respondents Nos. 1 and 2. Dy. Advocate-General for the State.
SAEED ULLAH AND ANOTHER
VS
NIAZ MUHAMMAD AND OTHERS
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Criminal Procedure Code (V of 1898), Ss. 561-A, 22-A & 22-B---Qanun-e-Shahadat (10 of 1984), Art. 27---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Petition under S. 561-A, Cr.P.C. for quashing of order---Inherent powers of Chief Court---Scope---One person died and one was severely injured in the incident---FIR was lodged against the accused party---One of the accused moved an application for the registration of counter FIR with the allegation that firing was opened by son of the deceased and by the injured on the command of deceased---Petitioner was medically examined by the Medical Officer and found fire arm injury on his arm---Police officer found the version of petitioner false and fabricated---Petitioner filed application under Ss. 22-A & 22-B, Cr.P.C., to the Ex-officio Justice of Peace which was allowed and SHO was directed to register FIR against the complainant party---Validity---During the proceedings under S. 157, Cr.P.C. and in the statements of prosecution witnesses recorded under S. 161, Cr.P.C., it had come on record that respondent was injured in the occurrence which was not denied by the either side---Medico-legal of the respondent was available on judicial file and factum of sustaining injuries by respondent were mentioned in the final report submitted in the Trial Court under S. 173, Cr.P.C.---Version of accused/respondent immediately after the occurrence was a relevant fact, within the meaning of Art. 27 of Qanun-e-Shahadat, 1984, which was on record---Legally, there was no bar to order registration of a second or even a third FIR, if facts of a particular case so demanded, but without commenting about the genuineness/otherwise of the allegations of the respondent against the petitioners, the registration of FIR would not be justified; however, the respondent would be at liberty to file a private complaint---Petition under S. 561-A, Cr.P.C. was allowed by setting aside the order passed by the Ex-officio Justice of Peace. 2005 MLD 1114; 2007 PCr.LJ 67 and PLD 2007 SC 539 ref. THIS ORDER PASSED MALIK HAQ NAWAZ, JUSTICE:---.--- The brief facts of the case are that…
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