2007 PLP 3005 (YLR)
Mst. BALQEES BIBI — Petitioner Versus STATION HOUSE OFFICER and 4others — Respondents
| Citation | 2007 PLP 3005 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Shabbar Raza Rizvi, J |
| Parties | Mst. BALQEES BIBI — Petitioner Versus STATION HOUSE OFFICER and 4others — Respondents |
| Primary Law | (a) Constitution of Pakistan (1973}, (b) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP 3005 (YLR)?
This judgment primarily cites: (a) Constitution of Pakistan (1973}, (b) Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 3005 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Shabbar Raza Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3005 (YLR) (Mst. BALQEES BIBI — Petitioner Versus STATION HOUSE OFFICER and 4others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Hussain Khan for Petitioner.
Headnotes / Summary
Art.199
Criminal Procedure Code (V of 1898), S.22-A
Constitutional petition
Section 22-A, Cr. P. C. is an adequate remedy for the .petitioner before invoking Article 199 of the Constitution, for registration of a case
Where police officers are unwilling or reluctant to register a case, petitioner should avail an adequate remedy of ,ding a private complaint before the competent Court, which is ,fully empowered during the complaint proceedings to order the police officer, even to investigate or make recoveries etc.
In such circumstances it is better that the petitioner remains incharge of his case instead of leaving the same to the mercy of a biased police officer or Investigating Officer. PLD 2005 Lah. 470; 2002 PCr.LJ 1613 and PLD 2002 Kar. 328 ref.
Art.199
Criminal Procedure Code (V of 1898), S.22-A
Constitutional petition
Adequate remedy-~-Registration of case
Petitioner had filed the constitutional petition to seek registration of a case under the relevant provisions of law
Petitioner herd an adequate remedy under S.22-A, Cr. P. C. which he should have availed of before invoking Art. 199 of .the Constitution, for registration of the case
Where police officers were unwilling or reluctant to register the case, petitioner could avail an adequate remedy of filing a private complaint .before a competent Court, which during the complaint proceedings was fully empowered to order the police officer to investigate or make recoveries etc.
Petitioner in this way would remain incharge of his case instead of leaving the same to the mercy of a biased police officer or Investigating Officer
In case the petitioner would choose to file a petition under S.22-A, Cr. P. C. or a private complaint, the concerned Justice of Peace or the Court were directed to decide the same in accordance with law in the light of full Bench judgment cited as PLD 2005 Lah. 470
Constitutional petition was disposed of with the said observations. PLD 2005 Lah. 470; 2002 PCr.LJ 1613 and PLD 2002 Kar. 328 ref.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The learned counsel has filed this writ petition to seek registration of a case under the relevant provisions of law. In a recent judgment of a Full Bench of this Court, it has been held that after incorporation of section 22-A, Cr.P.C., the petitioner should invoke section 22-A, Cr.P.C. as it is an adequate remedy, :before invoking Article 199 of the Constitution for registration of a case. In the same judgment, the Hon'ble Full Bench has further held that in case, where police officers are unwilling or reluctant to register a case, the petitioner should avail an adequate remedy of filing a private complaint before the competent Court. The Court during the complaint proceedings is fully empowered to pass an order to police officer even to investigate or .make recoveries etc. In such circumstances, according to Hon'ble Full Bench it is better that petitioner remains Incharge of his case instead leaving it to the mercy of biased police officer/Investigating Officer. In this regard PLD 2005 Lahore page 470, pages 535 and 536 are referred. Two more judgments are also referred, 2002 PCr.LJ1613 and PLD 2002 Kar. 328.
2. In case, the petitioner chooses to file a petition under section 22-A, Cr.P.C. or a private complaint, the concerned Justice of Peace or Court will decide the same in accordance with: law and in the light of Full Bench judgment referred above. With this observation this petition is disposed of. N.H.Q./B-9/L Order accordingly.