Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----S.154---F.I.R., registration of---Principle---Incharge of police station is duty bound and it is his statutory obligation that on receipt of information whether orally or in writing, has to record the same in book prescribed for that purpose and no option or discretion is left with him in such regard. (b) Discretion--- ----Principle---Discretionary power must be exercised in good faith having regard to all relevant considerations and it should be exercised justly, fairly and reasonably. (c) Constitution of Pakistan--- ----Art.199---Constitutional petition---"Aggrieved person"---Availability of alternate remedy---Effect---F.I.R., registration of---Second version---Scope---Grandson of petitioner was murdered and he sought direction to police to register F.I.R. according to his version---Validity---Although alternate remedy was provided to an aggrieved party under law by way of direct complaint, yet mere fact that an alternate remedy could not deter High Court from giving directions to police to record F.I.R. in appropriate case's grandson was murdered and incident was witnessed by petitioner and her witnesses, specifically nominating three persons---Motive for commission of offence was also mentioned in the petition, as such petitioner was an "aggrieved person" and case for registration of another F.I.R. was made out approached Station House Officer for registration of F.I.R. but he failed to perform his duty---Entirely different version was narrated by police in F.I.R. lodged on behalf of the State could not be deprived from recording her statement by Station House Officer on such ground alone---High Court directed Station House Officer concerned to register fresh F.I.R. on the basis of statement of petitioner---Petition was allowed in circumstances. Mst. Anwar Begum v. Station House Officer Police Station Kalri West Karachi PLD 2005 SC 297; Muhammad Bashir v. S.H.O. Police Station Okara Cantt PLD 2007 SC 539; Jamshed Khan and another v. Government of Sindh 1999 PCr.LJ 512 and Human Rights case No. 3212 2006 SCMR 1547 ref. THIS ORDER PASSED BY: NAIMATULLAH PHULPOTO, JUSTICE:---.--- Through this constitutional…

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