Law: Criminal Procedure Code (V of 1898)

Section: 22A(6),22A,22B,154,161

Law: Pakistan Penal Code, 1860

Section: 420,468,471,419,452,000

Law: Police Rules, 1934

Section: 25.2

Law: Police Order (22 of 2002)

Section: 155

(a) Criminal Procedure Code (V of 1898)--- ----S. 154---Penal Code (XLV of 1860), Ss.420/468/471/419/452/148---Police Rules, 1934, R.25.2---Constitution of Pakistan (1973), Art.199---Constitutional petition---Second F.I.R, registration of---Both the parties including the S.H.O. had not disclosed the true facts and had suppressed the truth---Even the Additional Sessions Judge had tried to hide something in the impugned order as the tenor of his two orders was inconsistent and different from each other---Dispute between the parties related to sale of a Dental Clinic---Versions put forth by the parties were distinct from each other and the version of the petitioner (purchaser) could not be treated as an amplification of the version of the complainant (seller) of the F.I.R. already registered---S.H.O. was consequently directed to implement the order of the Additional Sessions Judge, ex-officio Justice of Peace and register an F.I.R. on the complaint of the petitioner and to investigate the second F.I.R. adhering to the requirements and mandate of the provisions of R.25.2 of Police Rules, 1934---Constitutional petition was allowed accordingly. PLD 1998 Lah. 772; PLD 1992 Lah. 167; Allah Ditta and 3 others v The S.H.O. P.S., Basirpur, District Okara and 3 others PLD 1967 Lah. 300; Mrs. Ghanwa Bhutto and another v. Government of Sindh and another PLD 1997 Kar. 119 and PLD 1975 SCMR 149 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Information in cognizable cases---Second F.I.R.---Recording of--Information can be laid before the S.H.O. about an occurrence at any time, even if already an F.I.R. stands registered about the same occurrence---No bar exists in laying information one after the other to be recorded as F.I.R., if such information discloses commission of a separate cognizable offence---Second or latter information should not be merely an amplification of the first F.I.R., but it should be a disclosure of a different criminal activity---Recording of a second F.I.R. or a direction to that effect depends upon the facts and circumstances of each case---No hard and fast rules or principles can be laid down as to when a second F.I.R can or should be…

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