P L D 1979 Lahore 263 (PLP)
GHULAM SIDDIQUE-Petitioner Versus STATION HOUSE OFFICER, SADDAR, DERA GHAZI
| Citation | P L D 1979 Lahore 263 (PLP) |
| Forum / Court | -) Ss. 154, 156 & 161 read 'with Police Rules, 1934, r. 21 1(4)-First Information Report-Primary purpose of F. I. R.-To inform about commission of cognizable offence which Police Officer empowered to investigate-Information with regard to occurrence coming out later in point of time-To be taken down as statements of persons before Police under S. 161 and not as second F. I. R. under S. 154.First Information Report. |
| Bench Members | Gul Muhammad Khan and Abdul Shakurul Salam, JJ |
| Parties | GHULAM SIDDIQUE-Petitioner Versus STATION HOUSE OFFICER, SADDAR, DERA GHAZI |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 1979 Lahore 263 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1979 Lahore 263 (PLP)?
The case was heard and decided by the -) Ss. 154, 156 & 161 read 'with Police Rules, 1934, r. 21 1(4)-First Information Report-Primary purpose of F. I. R.-To inform about commission of cognizable offence which Police Officer empowered to investigate-Information with regard to occurrence coming out later in point of time-To be taken down as statements of persons before Police under S. 161 and not as second F. I. R. under S. 154.First Information Report. bench comprising: Gul Muhammad Khan and Abdul Shakurul Salam, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1979 Lahore 263 (PLP) (GHULAM SIDDIQUE-Petitioner Versus STATION HOUSE OFFICER, SADDAR, DERA GHAZI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. M. Zubair for Petitioner.
- Date of hearing : 4th November 1978.
Headnotes / Summary
) Ss. 154, 156 & 161 read 'with Police Rules, 1934, r. 21 1(4)-First Information Report-Primary purpose of F. I. R.-To inform about commission of cognizable offence which Police Officer empowered to investigate-Information with regard to occurrence coming out later in point of time-To be taken down as statements of persons before Police under S. 161 and not as second F. I. R. under S. 154.[First Information Report]. Lakhmfr v. The State P L D 1968 Quetta 7 ; Ramzan v. State P L D 1967 Lah. 588 and Mansur Ali v. State 1970 P Cr. L J 287 ref. Nemo for the State.
Judgment & Decree
GUL MUHAMMAD KHAN, J.-One Haji Jewan was murdered on 7th of February, 1976, in respect of which occurrence, a First Information Report to investigate, he shall enter in full such information or other intelligence as soon as practicable in the First Information Report Register, shall have each copy signed, marked or sealed by the informant if present, shall seal each with the station seal, and shall dispose of the copies in accordance with rule 24.5, and if he abstains from investigation under either of the provisions to section 157 of the Code, he shall submit the copy intended for the Magistrate through the Superintendent. At the same time a reference to such report shall be entered in the Station Diary, register No. II" Further it is also not necessary that every information prima facie disclosing a cognizable offence be recorded. In case of a suspicion about its correctness a Police Officer may enter the substance of the information or intelligence in a station diary and shall also record his reasons for suspecting that alleged offence has not been committed. Reference be made to rule 24.4. However, a copy of such a report is to be sent to the Inspector Police and other superior Police Officer and the District Magistrate for their perusal and orders.
10. It is quite obvious that the primary purpose of the F. I. R. is t inform about the commission of a cognizable offence, which a Police Office is empowered to investigate under section 156, Cr. P. C. The Police Office receiving that information may question the informant to find out his source of information about the names of the offenders and the witnesses and whether the informant himself was an eye-witness as laid down in rule 21.1(4). Al other informations with regard to that occurrence coming out later in point of time have to be taken down as statements of those persons before the police under section 161, Cr. P. C. The version given by Ghulam Siddiq, therefore, should have been considered as a statement under section 161, Cr. P. C. only. The order to register a second F. I. R. in that situation, was not justified in law, even if there was a concession made on the part of the State. For the reasons given above, we accept this review application, recall the order of the learned Single Judge dated 14th of May, 1976 and dismiss the Writ Petition No. 511 of 1976. As no one appeared to defend this case, there will be no order as to costs. s. Q.???? Order accordingly.