Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A--Pakistan Penal Code, (V of 1860) S. 406--Registration second FIR--Bar to--Petition dismissed--Writ petition was accepted--Version of respondent--Independent perspective--No bar in registering the second FIR--Held: High Court was right in giving direction for registration of a criminal case. [P. 783] A & B Order Instant ICA is filed to recall the order dated 23.4.2007 passed by the learned Single Judge in Chamber in W.P. No. 1951/07. 2. Brief facts succinctly required for the adjudication of the instant appeal are that the appellant is complainant of a criminal case FIR No. 78 dated 24.3.2007 under Section 406 PPC registered at P.S. City Dunyapur. The allegations against Respondent No. 3 in the said FIR are that the appellant got booked hundred bales of cotton worth Rs. 11,04,062/- and the same were loaded in Vehicle No. 2654/LHP owned by Bao Ehsanullah, which was driven by Muhammad Ishfaq. Thereafter on 21.3.2007 at 2.30 a.m. Bao Ehsanullah informed the appellant telephonically that cotton bales have been looted on account of dacoity. The appellant alongwith others reached Dunyapur and on probe, the appellant got suspicion that no dacoity has been committed. The driver Muhammad Ishfaq, Bao Ehsanullah, Muhammad Younis and two unknown helpers have confessed that they with common intention have committed theft of the cotton bales, as such the said case was registered against Respondent No. 3 and others. 3. On the registration of the above said case, Respondent No. 3 Muhammad Ishfaq driver of the bus filed a petition under Section 22-A Cr.P.C. before the learned Additional Sessions Judge/Justice of Peace Lodhran, seeking registration of a criminal case regarding the occurrence of dacoity. The comments were called and thereafter the petition of the respondent under Section 22-A Cr.P.C. was dismissed vide order dated 2.4.2007. Thereafter the respondent filed W.P. No. 1951/07 and the same was accepted by the learned Single Judge in Chamber vide his order dated 23.4.2007 and the DPO Lodhran was directed to get a case registered on the complaint of Respondent No. 3 and to ensure its fair and impartial…

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