Law: Criminal Procedure Code (V of 1898)

Section: 44,154,22-A,22-B,200,173,202

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 44 & 154---Information of cognizable offence---Scope---Both Ss.44 and 154, Cr.P.C. are purported for setting criminal law into motion and to furnish legal basis for conducting investigation in case of commission of cognizable offence. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Qanun-e-Shahadat (10 of 1984), Arts. 140 & 153---F.I.R., value of---Scope---F.I.R. recorded in consequence of receipt of information has an evidentiary value---F.I.R. may be used for the purpose of contradiction under Articles 140 and 153 of Qanun-e-Shahadat, 1984. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 154 & 200---Constitution of Pakistan, Art.199---Constitutional petition---Second F.I.R.---Private complaint, filing of---Petitioner filed application before Justice of Peace for registration of second F.I.R. about assassination of a political leader, after about more than 1-1/2 years of the occurrence---Application was dismissed by Justice of Peace as already a prompt F.I.R. had already been registered about the occurrence and trial was pending adjudication---Validity---Petitioner was unable to make out a distinct and separate version, as he did not dispute place of occurrence or the occurrence itself---Petitioner wanted to set forth a version regarding the manner in which the incident took place, which was in fact supplementation and amplification of the version recorded earlier---Petitioner might file a private complaint under S. 200, Cr.P.C., which was one of the modes of taking cognizance of an offence by Magistrate---Private complaint was an alternative and efficacious remedy and Magistrate seized of the complaint could inquire the matter himself or might direct an inquiry to be conducted by Justice of Peace or by a Police officer---Application under S. 22-A, Cr.P.C. made by petitioner was rightly dismissed by Justice of Peace and his order suffered from no illegality---Petition was dismissed in circumstances. ?????? Dr. Inayatullah Khilji and 9 others v. Ist additional District and Sessions Judge, (East) at Karachi and 2 others 2007 PCr.LJ 909; Rafaqat Hussain Shah v. A.S.P. (S.D.P.O.)…

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