Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 182

Law: Criminal Procedure Code (V of 1898)

Section: 22A(6),156(3),200,202(1)

Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), Ss. 22-A(6) & 200---Constitutional petition---Maintainability---Petitioner sought registration of criminal case against Police Officials on the ground that said Officials had illegally implicated the petitioner in member of fake cases and that direction be issued to the S.H.O. concerned to register F.I.R. against said Police Officials---Validity---On refusal of the Police to register the F.I.R., adequate remedy was to either approach the Ex-officio Justice of Peace or Magistrate, or to file direct complaint---If a direct complaint was filed before the Magistrate under S.200, Cr.P.C., then under S.202(1), Cr.P.C. Magistrate was empowered to direct the Police to investigate the case and in such a situation the Investigating Officer was authorized to exercise all powers available to him in the Cr.P.C. for investigating the case including the power to arrest the accused---Under S.22-A(6), Cr.P.C. Ex-officio Justice of Peace had the power to issue appropriate direction to the Police to register F.I.R., if cognizable offence was found out in the case---Even the Magistrate could exercise his power under S.156(3), Cr.P.C. in that regard---Provision of Art.199 of the Constitution, was not the .appropriate remedy available to the petitioner---Constitutional petition was dismissed. 2005 PCr.LJ 487; PLD 2002 Kar. 328; 2005 SCMR 951; PLD 2010 SC 691; PLD 2010 Lah. 419; 2009 YLR 1533 and Moula Bux alias Moluedino v. S.H.O. .Police Station Hatri Ghulam Rasool Shah and 2 others 2003 YLR 1316 ref. THIS ORDER PASSED BY: IRFAN SAADAT KHAN, J.--- This constitutional petition has been filed on the ground that the respondents Nos.1 to 7 have incorrectly implicated the petitioner in a number of false cases, hence directions may be issued to the respondent No.8 to register F.I.R. against the said respondents Nos. 1 to 7. 2. Briefly stated, the facts are some F.1.Rs. were lodged against petitioner at Police Station Baudhi and according to the petitioner he has been acquitted in all those F.I.Rs./cases, hence he has prayed that criminal case may be registered against the respondents Nos.1 to 7 for…

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