Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Petitioner was allegedly kidnapped and tortured by the respondents and thereafter he was handed over to the Police---Petitioner was recovered on the petition filed by his brother under S.491, Cr.P.C.---Brother of the petitioner approached the police for filing FIR against the culprits but the police refused to register the case---Brother of the petitioner moved application under S.22-A, Cr.P.C. seeking direction from the Justice of Peace to lodge FIR, which was declined with the advice to the applicant to file a direct complaint---Petitioner, thereafter, filed application seeking similer relief, which was also dismissed as it was deemed to be a review of the earlier order which was not permissible---Validity---If a person approached the SHO of Police Station and wanted to make a statement concerning a crime that statement must be recorded by the concerned SHO in writing and then entered as a cognizable offence under S.154 or a non-cognizable offence under S.155, Cr.P.C.---Station House Officer had no discretion in the matter---High Court directed the SHO concerned to record the statement of petitioner without further delay and to register the same as a cognizable offence or non-cognizable offence and then proceed further in accordance with law---Constitutional petition was disposed of accordingly. Ali Muhammad v. Syed Bibi PLD 2016 SC 484; Mushtaq Hussain v. State 2011 SCMR 45; Inayatullah Khilji v. 1st Additional District and Sessions Judge 2007 PCr.LJ 909; Mumtaz Ali v. S.H.O. Naushahro Feroz 2011 PCr.LJ 268; Younas Abbas and others v. Additional Sessions Judge, Chakwal and others PLD 2016 SC 581; Wajid Ali Khan Durani v. Government of Sindh 2001 SCMR 1556 and Ghanwa Bhutto v. Government of Sindh PLD 1997 Kar. 119 ref. Muhammad Bashir v. Station House Officer PLD 2007 SC 539 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Registration of second FIR---Scope---Second FIR could be registered as a counter version/cross case. Ghanwa Bhutto v. Government of Sindh PLD 1997 Kar. 119 and Wajid Ali Khan Durani v. Government of Sindh 2001 SCMR 1556 rel. THIS ORDER PASSED BY: MUHAMMAD KARIM…

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