Case Details

Citation(s)
2021 SLG 1781 2021 SLD 1781 2021 PCRLJ 943
Peshawar High Court
Writ Petition No. 4586-P of 2020, decided on 17th February, 2020, Date of hearing: 17th December, 2020.
ROOH UL AMIN KHAN, JUSTICE, MUHAMMAD NASIR MEHFOOZ, JUSTICE
Furqan Ahmad for Petitioner. Umar Farooq, A.A.G. for the State. Amir Ajam Khattak for
Respondents Nos. 1 to 5.

KALEEM ULLAH

VS

THE STATE AND 5 OTHErs

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 324,337-F(ii),337-F(iii),34

Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), S. 561-A---Penal Code (XLV of 1860), Ss. 324, 337-F(ii), 337-F(iii) 34---Constitutional petition---Quashing/Cancellation of FIR---Scope---First Information Report was registered by petitioner against the respondents with the charge of murder, attempt to commit murder and causing injuries to him as well as prosecution witnesses---Report about the same incident by respondents/accused, daily diary report had been registered against the present petitioner with the charge of attempt to commit murder and causing injuries to him and witnesses---Complainant requested the local police for registration of separate FIR, but his request was turned down, resultantly, he filed an application under S. 22-A(6) Cr.P.C. before the Justice of Peace, which was allowed, on the basis whereof, the impugned FIR was registered against the present petitioner and his co-accused---Validity---Record showed that in both the FIRs, the day, date, time and place of occurrence coupled with the parties were one and the same---In that view of the matter, the two versions of the rival complainants were about one and the same incident accusing each other---Admittedly, during the investigation conducted after registration of a FIR, the Investigating Officer could record any number of versions of the same incident brought to his notice by different persons under S. 161, Cr.P.C.---No separate FIR was to be recorded for any new version of the same incident brought to the notice of the Investigating Officer during the investigation of the case---Justice of Peace reached to an erroneous conclusion directing the police to register separate FIR---Constitutional petition was allowed by setting aside the order of Justice of Peace and the consequential FIR was quashed, in circumstances. Mst. Sughran Bibi v. The State PLD 2018 SC 595 rel. JUDGMENT ROOH-UL-AMIN KHAN, J.--- By invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Kaleem Ullah, the petitioner, seeks setting-aside of order dated 26.09.2020, passed by the learned Additional Sessions…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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