Law: Civil Procedure Code (V of 1908)

Section: 2

(a) Civil Procedure Code (V of 1908)--O.II, R.2---Inclusion of whole claim in the plaint---Object, purpose and scope--- Principle under O.II, R.2, C.P.C. is based upon concept of transparency, fair play, propriety and reasonableness---Object of such principle is that all matters in dispute between same parties arising and relating to same transaction should be disposed of in the same suit. (b) Criminal Procedure Code (V of 1898)---S.4(l)---Investigation---Object---Duty of investigating officer is to discover incriminating evidence and to collect and establish that story of incident contained in FIR was correct---Investigating officer is not controlled or guided by contents of FIR rather it is his own authority to search for truth and he may disagree with version of FIR as it is expected from him to collect information or to record any fresh information or facts and he may arrive at its own conclusion. Mst. Sughran Bibi v. The State PLD 2018 SC 595 rel. (c) Criminal Procedure Code (V of 1898)--Ss.22-A (6) 154---Penal Code (XLV of 1860), S.489-F---Dishonouring of cheque---Second FIR, quashing of---Scope---Guidelines to police officers/accused sought quashing of second FIR for dishonour of second cheque issued during same transaction for which earlier one FIR had already been registered---Validity---Held, second FIR could not be registered in cases of same transaction like cheques of same series originating on same cause of action, whether dishonoured or not or subsequently dishonoured after registration of first FIR---If second FIR was lodged the same should be cancelled by referring subsequent cheques through supplementary challan in first FIR/case---If second FIR was not registered and matter was pending before Ex-Officio Justice of Peace, who was dealing with the case, he could pass order/direction under S.22-A (6), Cr.P.C. to investigating officer of the first case, who had already registered the FIR or had submitted final report under S.173, Cr.P.C., to file supplementary challan in that first case on the basis of such new facts of cognizable offence emanating from the same incident / transaction like dishonoured cheque---If police officer had also…

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