Law: Criminal Procedure Code (V of 1898)

Section: 22A,22-B,154

Law: Pakistan Penal Code, 1860

Section: 324,353

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 154---Ex-officio Justice of Peace---Information in cognizable cases---Registration of FIR---Police encounter---Scope---Petitioner assailed order of Ex-officio Justice of Peace whereby he refused to issue direction to SHO for registration of FIR---Plea of petitioner was that three persons were murdered by respondents/police officials in a fake encounter---Validity---Complaint filed before Ex-officio Justice of Peace revealed that deceased persons left village to visit the fare---Respondents/police officials in civil dresses caught hold of them and brought them to police station where SHO demanded money for their release---Respondents/police officials threatened that if the amount demanded by them was not paid abducted persons would be murdered in fake encounter---Said persons were murdered in fake encounter when their relatives could not pay the amount demanded by respondents/police officials---Contents of FIR revealed that during encounter not a single injury or scratch was caused to any of the police officials nor damage was caused to the police mobile but three young persons sustained firearm injuries and died---Under S.154, Cr.P.C. statutory duty had been cast upon the officer incharge of police station to enter information regarding commission of a cognizable offence but the SHO failed to perform his statutory duty---SHO had no discretion to refuse to register FIR in the matter---High Court directed to register FIR against the accused/police officials, Senior Superintendent of Police concerned shall entrust investigation to the officer not below the rank of ASP/DSP who will conduct the investigation in accordance with law---Criminal miscellaneous application was allowed, accordingly. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 and Hyder Ali and another v. DPO Chakwal and others 2015 SCMR 1724 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Information in cognizable cases---Registration of FIR---Scope---Statutory duty had been cast upon the officer incharge of police station under S.154, Cr.P.C. to enter information regarding commission of a…

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