Law: Criminal Procedure Code (V of 1898)

Section: 154,161,22-A,22-B

Criminal Procedure Code (V of 1898)--- ----Ss.154, 161, 22-A & 22-B---Powers of Ex-officio Justice of Peace---Registration of second FIR---Scope---First Information Report was lodged by the State through an Assistant Sub-Inspector against the respondent and others in respect of quarrel between transporters, blockade of road, scuffle with the police and causing injuries to each other---Trial was pending adjudication before the concerned court; however, Ex-officio Justice of Peace ordered for registration of second FIR in respect of the same incident---Respondent had approached the Ex-officio Justice of Peace for registration of FIR with the version that the police officials took him in the police station, robbed him, broke his arm and caused kicks and fists blows---Held, that the latter version was available with the respondent at the time when investigation was being conducted in the FIR; however, at that time he had not recorded his version before Investigating Officer---During the investigation conducted after registration of an FIR the Investigating Officer might record any number of versions of the same incident brought to his notice by different persons which versions were to be recorded by him under S. 161, Cr.P.C., in the same case---No separate FIR was to be recorded for any new version of the same incident---Order passed by Ex-officio Justice of Peace was set aside; however, it was left open to the respondent to approach the Investigating Officer for recording of his statement under S. 161, Cr.P.C. Sughran Bibi's case PLD 2018 SC 595 fol. ORDER ZULFIQAR ALI SANGI, J.---Through this Criminal Miscellaneous Application, the Applicants have assailed the order dated 26.05.2021, passed by learned Additional Sessions Judge-IV, Khairpur, in Criminal Miscellaneous Application No.1672/2021, whereby an application filed by Respondent No.4 for lodging of FIR against the proposed accused/present applicants was allowed. 2. Learned counsel for the applicants, at the very outset, submitted that an order dated 26.05.2021, passed by learned 3rd Additional Sessions Judge/Ex-officio Justice of Peace, Mirpur Mathelo, impugned herein, is illegal without applying his…

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