Law: Constitution of Pakistan 1973

Section: 199

Constitution of Pakistan (1973)   Art. 199-Writ-Mandamus-First Information Report-Counter F. 1. R.--Law does not contemplate recording of another F. I. R. in respect of same occurrence--Court may, however, in its discretion, direct recording of a counter F. I. R. where counter allegation levelled are distinct and require investigation-Relief under constitutional jurisdiction, being discretionary in nature, cannot be granted in every case merely upon petitioner showing himself to be an aggrieved party petitioner's grievance that police was inimical towards, him and that he had to submit applications to authorities against Police-Allegations levelled found to be directed against very persons who were to record F. I. R. and to investigate case-Police on other hand, in comments assailing petitioner's conduct and showing that report had already been entered in daily diary under r. 24.4 of Police Rules but it was not thought fit to order investigation of case-Held, Police, in such circumstances, cannot be expected to make investigation of case registered by entering an F. I. R. and that better and more efficacious alternative available to petitioner would be institution of a complaint before a Magistrate and hence a writ in nature of mandamus need not issue.-[First Information Report]. LINK1 LINK2   Ch. Ataullah, v. Ch. Mumtaz Ahmad Kahloon 1973 P Cr. L J 69 ; Sawant v. S. H. O., Police Station Saddar, Kasur P L D 1975 Lah. 733 ; Akram All Shah v. Station House Officer, Police Station Kotwali, Kasur P L D 1979 Lah. 320 ; Mst. Bashiran B?bi v. Station House Qfjicer, Police Station, Shorkot P L D 1978 Lah. 1323 ; Ghulam Siddique v. Station House Officer Saddar, Dera Ghazi Khan P L D 1979 Lah. 263 and Jamshed Ahmad v. Muhammad Akram Khan 1975 S C M R 1.49 ref.                                                                                                                  …