Law: Criminal Procedure Code (V of 1898)

Section: 200,439

Criminal Procedure Code (V of 1898)--- ----Ss. 200 & 439---Dismissal of complaint---Statement was recorded under S.200, Cr.P.C. as also statements of three witnesses---Many allegations were levelled in the complaint viz. illegal trespass; illegal confinement; looting; taking away the articles; receiving bribe and that of torture---Interest of justice would be served, if impugned order was set aside and matter was remanded to the Trial Court to consider the entire material available before it; if it deemed necessary to summon other witnesses; to record their statements before final decision and thereafter pass a well reasoned and well considered order on the direct complaint. Muhammad Fayaz Khan v. Ajmer Khan and another 2010 SCMR 105; Shaikh Merran's case AIR 1915 Mad. 128 and Muhammad Nawaz's case 2000 SCMR 1904; Zulfiqar Ali v. Peer Ahmed Hussain and 5 others 2009 PCr.LJ 1256 and Abdul Rashid v. Islam-ud-Din and another 1987 PCr.LJ 534 ref. ORDER SHAHID ANWAR BAJWA, JUSTICE:---.--- A direct complaint under section 200, Cr.P.C. was filed, It was alleged that on 13-8-2007 at about 4 a.m. a police party consisting of 50/60 police personnel headed by SHO Police Station, Pirjo Goth and SHO Police Station, Ahmedpur in 10/12 Police mobiles raided village of the complainant. It was further stated that such Police party entered the house of the complainant and his relatives, misbehaved with women-folk and wrongfully confined the inmates of the house of the complainant. It was further alleged that the Police party looted the household articles of the complainant party and took away some articles in Police mobile. It was further alleged that the' accused persons arrested and took away with them four persons including Pakhar Ali son of the complainant. After taking illegal gratification of Rs. 20,000 on 17-6-2007 Pakhar Ali was released and so were the other persons. It was further stated that after release Pakhar Ali approached SHO for recording of F.I.R., which was not recorded. He approached DPO, Khairpur for redressal of his grievance but to no avail. Finally application under section 22-A, C.P.C. was filed and after order was passed on such application, F.I.R.…

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