Law: Criminal Procedure Code (V of 1898)

Section: 22-A

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)---.--- ---.---S. 22-A---.---Constitution of Pakistan (1973), Art.199---.---Constitutional petition---.---Application for registration of case---.---Application filed by the petitioner before Justice of Peace for registration of criminal case had been dismissed---.---Validity---.---Two points needed consideration, firstly, whether the petitioner could invoke the constitutional jurisdiction of High Court, especially when the remedy of private complaint was available to him; secondly, whether the grievance of the petitioner could be redressed by bringing on record the counter version, instead of filing second F.I.R.---.---No doubt exercise of jurisdiction under Art.199 of the Constitution was discretionary with the court, but such discretionary powers must be exercised in good faith, fairly, justly and reasonably, having regard to all relevant circumstances---.---Constitutional petition in the case should have been entertained instead of disposing it of on technical grounds---.---Accused appeared to have mercilessly killed the wife of the petitioner and at the same time had cleverly become a complainant---.---Respondent had implicated the petitioner and his brother in the case alleging that they had killed the deceased---.---Investigating Officer had declared the petitioner and his brother innocent, whereas respondents had been found guilty of the murder of the deceased---.---No bar existed for the registration of second F.I.R., especially in a case where the complainant was suspected of being accused---.---Narration of the two. versions in the case show that both were distinct from each other and the version of the petitioner could not be treated as amplification of the version of the complainant---.---No bar existed in lying information one after the other to be recorded as F.I.R. when there was a disclosure of a different criminal activity---.---Impugned order of Justice of Peace was set aside and S.H.O. was directed to register F.I.R. on the complaint of the petitioner---.---Constitutional petition was allowed. PLD 2008 Lah. 222; PLD 2005 SC 297 and 2001 SCMR 1556 rel. THIS ORDER PASSED BY: JAMSHED RAHMAT ULLAH,…

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