| Citation(s) |
|---|
| 2007 SLG 3212 2007 SLD 3212 2007 PLJ 141 |
Peshawar High Court
Cr. Misc. No. 173 of 2006, heard on 15.2.2007
TALAAT QAYYUM QURESHI, J.
Mr. Muhammad Amin Lachi, Advocate for Appellant. Mr. Ehsanullah Khan, Advocate and Malik Hamid Khan Afridi, Advocate for (Said Wali)
Respondent.
Cr. Misc. No. 173 of 2006, heard on 15.2.2007
TALAAT QAYYUM QURESHI, J.
Mr. Muhammad Amin Lachi, Advocate for Appellant. Mr. Ehsanullah Khan, Advocate and Malik Hamid Khan Afridi, Advocate for (Said Wali)
Respondent.
MAFTAHUDDIN ASI KBI STAFF KOHAT
VS
FAIZ MUHAMMAD KHAN, S.P. INVESTIGATION KOHAT and another--Respondents
Law:
Section:
(i) Constitution of Pakistan, 1973-- ----Art. 199--Quashment of FIR--Medical report--Murasila--Registration of case--Legality--On receiving the report of doctor regarding injury of his person was fresh, murasila was sent for registration of case against both officials and that he had no ill will or grudge with petitioner--Action taken by him was in accordance with law and he has committed no illegality whatsoever in sending murasila to SHO--Petition dismissed. [P. 143] A (ii) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 154--Pakistan Penal Code, (XLV of 1860) Ss. 324, 34, 337-F(1)--Constitution of Pakistan, 1973, Art. 199--Quashment of FIR--Provisions of--Cognizance offence--Legality--Registration of case--Commission of--Any person who gives any information either orally or in writing with regard to commission of cognizance offence can ask to register a case if any cognizance was committed--No illegality committed by respondent in sending murasila to the SHO--Petition dismissed. [P. 144] B Judgment Said Wali was charged in a case registered vide FIR No. 477 dated 19.8.2005 under Section 324/34 PPC at police station Cantt. The investigation of the said case had been entrusted to Mr. Muhammad Raees Khan, ASI. The said accused was brought to Kohat Bureau of Investigation as the accused is kept in lockup in Kohat Bureau of Investigation where it was alleged that he was ruthlessly beaten by Mr. Muhammad Raees Khan, ASI of Kohat Bureau of Investigation Staff. The said Said Wali submitted an application to the SP Incharge of the investigation that he was unscrupulously beaten. Due to such beating injuries had been caused to his person. On the said application the Incharge SP Investigation Cell Kohat sent a murasila to the SHO of Police Station Cantt: on the basis of which FIR No. 372 was registered on 1.6.2006. Quashment of this FIR (No. 372) has been sought by petitioner Miftahuddin through petition in hand. 2. Mr. Muhammad Amin Khattak (Lachi), Advocate, learned counsel representing the petitioner argued that the petitioner was not present on the relevant day at Kohat. He had come to Peshawar and had spent a night there. The occurrence took place in his…
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