Law: Criminal Procedure Code (V of 1898)

Section: 22A,22-B,154

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Application for registration of case against petitioners was allowed by Ex-officio Justice of Peace---Petitioners had contended that respondent's application for registration of case against them for the murder of deceased, was refused by the SHO---Petitioners alleged that it was a case of road accident and complainant party had approached Senior Police Officer through an application; enquiry was conducted and statement of independent witness was recorded and was surfaced that deceased died due to road accident on motorcycle--- Validity--- Criminal Procedure Code provided mechanism to inquire into cause of death even on complaint of accidental matters but involvement of Senior Police Officer or permission was not required---In the present case, pre-trial was conducted by the Police Officer when no FIR was registered---Prima facie, act of Police Officials was based on mala fide intention and ulterior motives and there was clear departure from their mandatory obligations---Station House Officer was required to record the statement of any informer, if cognizable offence was made out, SHO was to incorporate the same in the Book as provided under S. 154 Cr.P.C.---Direction issued by the Ex-Officio Justice of Peace was strictly in accordance with law as it was duty of police to uncover the crime and examine the evidence for proper disposal of the complaint---Impugned order deserved no interference, constitutional petition was disposed of accordingly. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, JUSTICE---.--- Through instant petition, petitioners have prayed as under:-- That this Honourable Court may be pleased to set-aside the impugned order dated 02.07.2016 in Cri. Misc. Application No.815 of 2016 passed by the learned 2nd Additional Sessions Judge, Shaheed Banazeerabad/respondent No.2. 2. At the outset, it is contended that respondents filed application under sections 22-A and 22-B, Cr.P.C alleging therein that applicants (proposed accused) were beating two persons; when Dado Shaikh arrived there, they disclosed that they are not beating to Roshan Ali, infact he has fallen from the motorcycle…

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