Case Details

Citation(s)
2025 SLG 3358 2025 SLD 3358 = 2025 SHC 407
Sindh High Court, Sukkur Bench
Crl. Misc. Application No. S-201 of 2025

Syed Tanveer Abbas Shah advocate for the applicant.

Law: Code of Criminal Procedure, 1898

Section: 22-A ,22-B, 154, 161

Law: Pakistan Penal Code, 1860

Section: 302, 311

Summary:
The applicant Muhammad Lakhan filed an application under Sections 22-A & 22-B of the CrPC to register an FIR regarding the murder of his daughter, Mst. Razia. The Sessions Judge/Justice of Peace Ghotki rejected the application since FIR No. 15/2025, under Sections 302 and 311 PPC (honor killing), was already registered by the police on 24-01-2025. The applicant challenged the recorded statement under Section 161 CrPC, seeking to substitute it with a statement under Section 154 CrPC (FIR). The court noted that the investigation, including arrest and ballistic analysis, was conducted properly. The applicant's attempt to amend the charges from "honor killing" to "murder due to child custody dispute" appeared unclear and possibly intended to shield the accused. The court found no illegality in the order and dismissed the application.

Core Points:

  • FIR No. 15/2025 already registered for murder (honor killing) of Mst. Razia.
  • Applicant is eyewitness and father of the deceased but challenges the recorded statement.
  • Police recorded statement under Section 161 CrPC, applicant seeks recording under Section 154 CrPC.
  • Investigation conducted properly with arrest and firearm analysis.
  • Applicant's motive seems to be change of charges from honor killing to custody dispute murder.
  • Court upheld legality of original order dismissing the application for FIR registration.

Law and Section Table:

Law/SectionDescription
Section 22-A CrPCProcedure for registration of FIR on application by aggrieved person.
Section 22-B CrPCProcedure for hearing and order on such application.
Section 154 CrPCRegistration of FIR by police on information relating to cognizable offence.
Section 161 CrPCRecording of statements by police during investigation.
Section 302 PPCPunishment for murder.
Section 311 PPCPunishment for murder in case of honor killing or other aggravated circumstances.

Conclusion:

This case involves the rejection of an application for FIR registration when a cognizable FIR was already registered and an investigation was underway. The legal provisions confirm police authority to record statements under Section 161 CrPC during investigations and the priority of existing FIRs to avoid duplicity. The applicant's request to change the nature of charge and re-record statement did not find legal support in this context.

 

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