| Citation(s) |
|---|
| 1993 SLG 1113 1993 SLD 1113 = 1993 PLD 18 |
Lahore High Court
Writ Petition No. 8088 and C.M. No. 2 of 1992, decided on26th September, 1992
KHAN RIAZUDDIN AHMAD, J
Abdul Baqi for Petitioner.
Respondent No. 1 in person. Chaudhry Muhammad Abdul Saleem for
Respondent No. 2
Writ Petition No. 8088 and C.M. No. 2 of 1992, decided on26th September, 1992
KHAN RIAZUDDIN AHMAD, J
Abdul Baqi for Petitioner.
Respondent No. 1 in person. Chaudhry Muhammad Abdul Saleem for
Respondent No. 2
vsS.H.O., POLICE STATION, KUNJAH and another --Respondents
Law:
Section: 154
Criminal Procedure Code (V of 1898)------ S.154-- -Constitution of Pakistan (1973), Art.199 --- Registration of counter F.I.R.--- Petitioner's plea had been duly investigated by the police vide F.I.R. already registered and was found false and without any substance and refusal of police to register a counter F.I.R., therefore, could not be treated as mala fide --- To refer the matter again to the Investigating Agency could not be in the interest of justice, for registration of a case in which it had already reached a positive conclusion and the challan had also been submitted to the Court-- �Petitioner, even otherwise, had got an alternate more efficacious remedy in the circumstances by filing a complaint before the Court of competent jurisdiction --- Writ petition was dismissed accordingly.Ghulam Hussain v. Sirajul Haque and others 1987'PCr.U.1214; Allah Ditta and 3 others v. S.H.O. Police Station Baseerpur, District ' Okara and 3 others PLD 1987 Lah. 300 and Ghulam Siddique v. S.H.O. Saddar, Dera Ghazi Khan and 8 others PLD 1979 Lah. 263 ref.Mushtaq Ahmad v. The S.H.O., Police Station, Munawan 1984 PCr.LJ 1454 and Riaz Ahmad v. The Inspector of Police/Station House Officer, Police Station Baseerpur, District Okara and 4 others 1991 PCr.1J 6 fol.ORDER Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner wants this Court to issue a direction to the S.H.O., P.S. Kunjah, District Gujrat, to register the second F.I.R. as a counter version of the occurrence alre ' ady reported by one Muhammad Siddique, respondent No.2, the complainant, vide case F.I.R. No.188 of 1992 under sections 324 and 337-A of the Oisas and Diyat Ordinance read with section 34, P.P.C. against the petitioner and three others at P.S. Kunjah. 2. It was submitted that the petitioner and four others were injured in !he said occurrence by the complainant party of the above said case but their injuries were intentionally suppressed in the said F.I.R. and the police in connivance with the complainant party has neither recorded their defence version nor had registered the case at their instance, although the police was…