Law:

Section:

Constitution of Pakistan (1973)---Art. 199--First Information Report--Question as to whether certain report was information given first in point of time should be considered as a First Information Report, held, was a matter which squarely fell for determination by trial Court and could not therefore, be dealt with while exercising constitutional jurisdiction by High Court. ORDER ASLAM RIAZ HUSSAIN, J.--This petition by Muhammad Naseer is directed against the order of a learned Single Judge of the Lahore High Court dated 2-10-1984, dismissing his writ petition in a criminal case. 2. The facts forming the background of this petition are briefly, that on 6-2-1984, firing took place in the verandah of the Lahore High Court, Lahore, as a result of which one person namely Akhtar Mahmood died and another Shakil Asghar got injured. The latter was removed to the Mayo Hospital, Lahore. On receiving information S.H.0. Police Station Old Anarkali, Lahore also reached the Mayo Hospital and recorded the statement of Shakil Asghar in the Emergency Ward. The formal F.I.R. was recorded at the above-named Police Station on the basis of this statement. The Police then investigated the matter on the basis of the F.I.R., challenged the accused and sent them up to stand their trial. 3. It, however, transpired that prior to the registration of the above-mentioned F.I.R. on the basis of the statement of Shakil Asghar, a report (No. 7) was also registered in the Daily Diary maintained at the High Court Police Guard Room, at 11-30 a.m., and one of the accused-persons responsible for the firing was also caught at the spot and handed over to the Police. The contents of the report however do not disclose the incident in its entirety or the material details thereof and even the names of the accused persons (including that of the one who is said to have been caught at the spot and handed over to the police) are not mentioned in it. 4. The petitioner who belongs to the accused party filed a writ petition…

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