Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 22A

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Constitution of Pakistan (1973), Art.199---Constitutional petition--Powers of High Court to order the recording of second F.I.R.---Scope---Petitioner who claimed to be cousin of deceased owner of land in dispute, had alleged that deceased was issueless and respondent on the pretext of obtaining agricultural loan, in connivance of his brother got executed general power-of-attorney by deceased in his favour; that he with connivance of other respondents murdered deceased owner; that petitioner and her other two sisters who were legal heirs of deceased tried to lodge F.I.R. against respondents but S.H.O. refused to record statement of petitioner/complainant; that on filing petition by petitioner under S.22-A, Cr.P.C. before Justice of Peace for registration of second F.I.R. despite submission of comments by S.H.O. in compliance with direction of Justice of Peace, no order for registration of second F.I.R. was given by Justice of Peace---Validity---Court of law, though normally use restraint to exercise discretionary powers under Art.199 of Constitution to order registration of second F.I.R. in presence of alternate remedies such as filing of private complaint or recording of version of aggrieved party through statement during the course of investigation of existing F.I.R., but no hard and fast rule existed that a second F.I.R. could not be registered in respect of different version given by an aggrieved party of the same occurrence, if it was not merely an extension to the first version---High Court while exercising constitutional jurisdiction was not obliged to hold fact finding inquiry, but jurisdiction could be exercised in good faith, fairly, justly and reasonably having regard to all relevant circumstances---Justice of Peace though directed S.H.O. concerned to record statement of petitioner in the registered case and proceed strictly in accordance with law, but in given circumstances same was not sufficient to redress the grievance of petitioner---Petitioner having been able to make out a case for registration of second F.I.R., S.H.O. was directed by the High Court to perform his legal obligation…

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