Case Details

Citation(s)
2025 SLG 2261 2025 SLD 2261 = 2025 YLR 784
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petition No. 1760 of 2024, decided on 21st November, 2024.
Before Sardar Muhammad Sarfraz Dogar, J
Malik Matee Ullah for Petitioner. Imran Shoukat Ali Rao, AAG Punjab with Sarfraz ASI for the State. Nemo for
Respondents.

ANAYAT ULLAH---Petitioner

VERSUS

ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, and 2 others--Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 22A,154

Law: Constitution of Pakistan, 1973

Section: 9,10,10A

Criminal Procedure Code (V of 1898)-------Ss. 22-A & 154---Constitution of Pakistan, Arts. 9, 10 & 10-A--Registration of FIR, order for---Fundamental rights of accused--Responsibilities of police---Petitioner (proposed accused) assailed order of registration of FIR having been passed by Ex-officio Justice of Peace against him---Held that mere registration of a criminal case is not itself enough for the SHO/IO concerned to take away the fundamental rights of any person as enshrined under Arts. 9, 10 & 10-A of the Constitution, without sufficient incriminating material against the accused---High Court disposed of the petition with the direction that if the impugned order was implemented, the SHO/IO concerned was to take the oral as well as documentary evidence of the parties, record the petitioner's version, and after providing an opportunity of hearing to all concerned, proceed further strictly in accordance with the provisions of law.ORDERSARDAR MUHAMMAD SARFRAZ DOGAR, J.---It is contended by learned counsel for the petitioner that respondent No.3 had obtained the impugned order dated 01.06.2024 by concealing the material facts, which is liable to be set-aside. However, learned counsel would be satisfied, if a direction is issued to the SHO/Investigating Officer concerned that upon implementation of order dated 01.06.2024 and then before…
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