Case Details

Citation(s)
2022 SLG 486 2022 SLD 486 2022 PCRLJ 235
High Court (AJ&K)
Writ Petition No. 1653 of 2017, decision dated: 10-03-2021
SADAQAT HUSSAIN RAJA, JUSTICE
Syed Zulqarnain Raza Naqvi for the Petitioners. Saqib Javed, Legal Advisor for Police Department. Mohammad Pervez Mughal for
Respondent No. 4.

MUHAMMAD TARIQ AND 2 OTHERS

VS

JUSTICE OF PEACE/SESSIONS JUDGE, MUZAFFARABAD AND 3 OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 154,161,173

(a) Criminal Procedure Code (V of 1898)----Ss. 154 161---Information in cognizable cases---Examination of witnesses by police---Second FIR---Scope---Language employed by the Legislature in S. 154, Cr.P.C. indicates that a police officer on receiving such information, relating to the commission of a cognizable offence, is bound to enter the substance thereof in the book maintained for such purpose at the police station---Only one FIR in respect of an occurrence wherein a cognizable offence has been committed and any other version of the same incident advanced by any person during the investigation of the case is to be recorded under S. 161, Cr.P.C.---Aggrieved person also has an alternate remedy by way of a private complaint. Mansur Ali and 2 others v. The State 1970 PCr.LJ 287; Kaura v. The State 1979 PCr.LJ 521; Mushtaq Ahmed v. The SHO Police Station, Munawan 1984 PCr.LJ 1454; Atta Muhammad v. Inspector-General of Police PLD 1965 Lah. 734 and Sadiq Masih v. Station House Officer and others 1994 PCr.LJ 295 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154 173---Information in cognizable cases---Report of police officer---Duty of Investigating Officer---Second FIR---Scope---Matter of registration of multiple FIRs in respect of the same offence stems from a misunderstanding that an FIR is the version of the incident reported to the police whereas the legal position is that an FIR registered under S. 154, Cr.P.C. is only an information about commission of a cognizable offence and not an information about the circumstances in which such offence was committed or by whom it was committed---Investigating Officer is to collect every possible information about the facts and circumstances of the case, he is to receive or record any information in that regard becoming available from any source, whatsoever, he is not to prematurely commit himself to any particular version of the incident and after finding out the actual facts the final report under S. 173, Cr.P.C. is to be submitted. (a) Criminal Procedure Code (V of 1898)----Ss. 154 161---Information in cognizable cases---Examination of witnesses by police---Second FIR---Scope---Language employed by the…
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