1985 PLP 399 (SCMR)

ASLAM RIAZ HUSSAIN, J.‑‑This petition by Muhammad Naseer is directed against the order of a learned Single Judge of the Lahore High Court dated 2‑10‑1984, dismissing his writ petition in a criminal case.

2. The facts forming the background of this petition are briefly, that on 6‑2‑1984, firing took place in the verandah of the Lahore High Court, Lahore, as a result of which one person namely Akhtar Mahmood died and another Shakil Asghar got injured. The latter was removed to the Mayo Hospital, Lahore. On receiving information S.H.0. Police Station Old Anarkali, Lahore also reached the Mayo Hospital and recorded the statement of Shakil Asghar in the Emergency Ward. The formal F.I.R. was recorded at the above‑named Police Station on the basis of this statement. The Police then investigated the matter on the basis of the F.I.R., challenged the accused and sent them up to stand their trial.

3. It, however, transpired that prior to the registration of the above‑mentioned F.I.R. on the basis of the statement of Shakil Asghar, a report (No. 7) was also registered in the Daily Diary maintained at the High Court Police Guard Room, at 11‑30 a.m., and one of the accused‑persons responsible for the firing was also caught at the spot and handed over to the Police. The contents of the report however do not disclose the incident in its entirety or the material details thereof and even the names of the accused persons (including that of the one who is said to have been caught at the spot and handed over to the police) are not mentioned in it.

4. The petitioner who belongs to the accused party filed a writ petition in the High Court asserting that Report No.7 recorded in the Daily Diary of the Police Guard Room of the Lahore High Court was the real F.I.R. and prayed that the First Information Report based on the statement made by Shakil Asghar before the S.H.O. Old Anarkali, Lahore, on the basis whereof the investigation was carried out and the accused were challaned, should be declared to be 'illegal' and 'without lawful authority'. The writ petition was, however, dismissed by the High Court vide the impugned order. Feeling aggrieved the petitioner has challenged the above‑noted order through the present petition.

5. We have heard the petitioner's counsel in support of the above?mentioned prayer, at some length, but are unable to agree with him. Admittedly, the S.H.O. Old Anarkali, Lahore recorded the statement of Shakil Asghar and sent it to the Police Station for registration of a case in exercise of powers under the Code of Criminal Procedure, as such was obviously performing 'functions in connection with the affairs of Provincial Government. It cannot, therefore, be said by any stretch of imagination, that the F.I.R. in question was either illegal or without lawful authority. The question as to whether it was the information given first in point of time and should be considered as an F.I.R., is a matter which squarely falls for determination by the trial Court and cannot be dealt with while exercising writ jurisdiction. As a result of the above discussion we are of the view that the High Court was justified in dismissing the writ petition. The petition is consequently dismissed as being without any merit. M . Z . M .?????????????????????????????????????????????????????????????????????????????????????????? Petition dismissed. ???????????????????????????????????????????????