Law: Criminal Procedure Code (V of 1898)

Section: 22-A,154,157

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)---.--- ---.---Ss. 22-A, 154 & 157---.---Constitution of Pakistan (1973), Art.199---.---Constitutional petition---.---Registration of criminal case---.---Direction of Justice of Peace to S.H.O.---.---Justice of Peace after summoning the report from the Police about the commission of offence, passed order with direction to S.H.O. concerned to record the statement of the petitioner and proceed further strictly in accordance with law---.---Station House Officer instead of recording statement of the petitioner under S.154,Cr.P.C., initiated investigation under S.157, Cr.P.C., while requirement of law was that first statement under S.154, Cr.P.C. should be recorded, if theoffence was made out from the contents of the complaint---.---Station House, Officer concerned was bound to record statement under S.154, Cr.P.C.-Station House Officer concerned was directed by High Court to record statement of the petitioner under S.154, Cr.P.C. and hand over the copy of the F.I.R. to the petitioner without any delay. PLD 1977 Lah. 424; 2006 PCr.LJ 622; 1993 SCMR 550 and Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 ref. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE:---.--- Through this writ petition, petitioner seeks issuance of a direction to respondent No. 2 S..H.O. Police Station Sadar Burewala, District Vehari to record statement of the petitioner under section 154, Cr.P.C. and to register the case in accordance with law. 2. Brief facts of the case are that the petitioner filed petition under section 22-A, Cr.P.C. before the Justice of Peace, Burewala on 29-7-2009 for a direction to the S.H.O. Police Station Sadar Burewala for registration of case against the unknown persons. The Justice of Peace, Burewala after summoning the report from the police about the commission of offence was pleased to pass order, dated 29-7-2009 with the direction to respondent No. 2, S.H.O., Police 'Station Sadar Burewala to record the statement of the petitioner and proceed further strictly in accordance with law. After that order the petitioner submitted application before respondent No. 2 along with the order…

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