Case Details

Citation(s)
2001 SLG 2797 2001 SLD 2797 2001 PLD 269
Sindh High Court
Constitutional Petition No. D-1779 of 2000, decided on 10th January, 2001. DATE of hearing: 5th December, 2000
SABIHUDDIN AHMED AND MUHAMMAD AFZAL SOOMRO, JJ
Petitioner in person. Sarwar Khan, Addl. A.G. for
Respondent. Shoukat Hussin Zubedi. Amicus curiae

MAZHAR HUSSAIN NAQVI

VS

Dr. ZAFAR H. ZAIDI, Vice Chancellor, Karachi UNIVERSITY, Karachi

Law: Police Rules, 1934

Section: 24.4,24

Law: Pakistan Penal Code, 1860

Section: 182

Law: Criminal Procedure Code (V of 1898)

Section: 157,155,156,157(1),161,162,154,158,159,1 60,163,164,165,166,167,168,169,170,171,1 72,173,174,175,176

(a) Penal Code (XLV of 1860)--- ----S. 324---Criminal Procedure Code (V of 1898), S.154--Constitution of Pakistan (1973), Art.199---Constitutional petition---Registration of F.I.R.--­S.H.O. allegedly was not prepared to register an F.I.R. in respect of the murderous assault made on the petitioner---Record did not indicate that the petitioner had ever attempted to move the S.H.O. for recording the F.I.R.--­Petitioner had stated that he had been beaten by the accused and he wanted justice to be done and on his letter his medical examination was ordered--­Report of the Senior Medical Officer revealed that the petitioner had not received any injury whatsoever ---S.H.O. although was bound to record an F.I,R., in case the petitioner had approached him, yet any investigation pursuant to the same in the circumstances could not have yielded any purpose ---S.H.O. perhaps would have justifiably declined to investigate the matter and no useful purpose could be served by issuing any direction to him---Constitutional petition was dismissed accordingly. Choudhry Shah Muhammad v. S.H.O., Rahimyarkhan and others 1977 PCr.LJ 2; Shaikh Ghulam Rasool v. Karamat Hussain and another 1990 PCr.LJ 844; Altaf Hussain v. Government of Sindh PLD 1997 Kar. 600; Haji Muhammad Khan v. Chaudhry Khizir Hayat PLD 1997 Lah. 424; Shaikh Nasim Ahmad- v. D.I.-.G. Police, Sargodha 1985 PCr.LJ 906; Muhammad Ramzan v. &H.O. 1985 PCr.LJ 1081; Qazi Muhammad Jawaid v. Senior Superintendent of Police of Gujranwala NLR 1988 Cr.LJ 141(sic): Said Muhamamd Shah v. The State 1993 SCMR 550; Chan Shah v, State PLD 1969 Pesh. 109; Suleman v. S.H.O., Mitha Tiwana 1982 PCr.LJ 125 and Muhammad Siddique v. Province of Sindh PLD 1992 Kar. 358 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154, 155, 156, 157 & 169---Police Rules, 1934, 8.24.1--­Information to police and their powers to investigate---Obligations of Police Officer enumerated. Following are the principles with regard to recording of First Information Report by the Police: (1) An information regarding commission of any cognizable or non­cognizable offence must invariably be recorded in writing in terms of sections 154 and 155, Cr.P.C. and…
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