2014 P Cr (PLP)

SHAH JEHAN KHAN AKHUNDZADA, J.

Through the instant petition filed under section 561-A, Cr.P.C., the petitioners, namely, Niamat Khan; Liaqat Khan and Asghar Khan sons of Zardad Khan have sought the quashment of the order dated 27-7-2012 of the learned Justice of Peace/Additional Sessions Judge-V, Nowshera whereby S.H.O. Police Station Aza Khel, respondent No.2 has been directed to register an F.I.R. against the petitioners under the relevant provision of law.

2. Brief facts of the instant petition are that Sifat Ali, respondent No.1 submitted an application under section 22-A, Cr.P.C. praying therein for the registration of an F.I.R. against the petitioners on the allegation/ground that on 1-7-2012 at 1200 hours, the petitioners duly armed with pistols without his permission entered into his house and abused him and his entire family members and also beaten the womenfolk; that Liaqat Khan, petitioner No.2 who is working in Police Department as an ASI used filthy language, open his trouser and showed his penis to womenfolk and while leaving the house, all the petitioners forcibly took away a cow from his house which is still in their possession; that the petitioners are very influential people and by doing so they have committed a cognizable offence and that respondent No.1 made every efforts to register a case against the petitioners but could not succumbe on account of the fact one of the petitioner is as an ASI in police department, thus, he approached the court of learned Justice of Peace/Additional Sessions Judge-V, Nowshera for registration of a criminal case of cognizable offences against the petitioner, which was accordingly ordered vide order, impugned herein.

3. I have heard the learned counsel for the parties and have gone through the available materials placed on file.

4. It is the mandate of section 154, Cr.P.C. that once a cognizable offence takes place and its information if given orally to an officer incharge of a police station, shall be reduced into writing by him or under his direction which he will read over to the informant and every such information, whether given in writing or reduced into writing as before said, shall be signed by the person giving it and the substance there of shall be entered in a book to be kept by such in such forum as the Provincial Government may prescribe in this behalf. In the instant case, perusal of the application under section 22-A, Cr.P.C. submitted by the respondent No.1 itself speaks for the commission of cognizable offence but the S.H.O. concerned has failed to register an F.I.R. for the said cognizable offence. The purpose of the registration of an F.I.R. by no means would mean to hold a person guilty of an offence, but to set the law motion for the process of investigation and, if at any stage during inquiry or trial, it was found that case is false or could not be made out against accused, then discharge under section 169, Cr.P.C. or his acquittal may be ordered under section 249 A or 265-K, Cr.P.C. Thus, keeping in view the above mandate of relevant section of Cr.P.C. interference by the High Court in exercise of its inherent powers under section 561-A, Cr.P.C. would tantamount to pre-empting the duty and functions of I.O. or of the trial Court and secondly, it would amount to curtailing the right of the complainant to prove his case against the petitioners. Thus, while exercising powers under section 561-A, Cr.P.C, the High Court must maintain great care and caution so that it may not result into miscarriage of justice.

5. The allegations of the complainant in his application under section 22-A, Cr.P.C. before the Justice of Peace per se constitute a cognizable offence and the application was, therefore, rightly accepted through the impugned order for the registration of an F.I.R. and such order is unexceptionable and warrant no interference, by this court in exercise of its inherent power under section 561-A, Cr.P.C. Before parting with this judgment I would like to say that instead of clear-cut directions of the Justice of Peace the S.H.O. concerned has not registered the case so far which amounts to disobedience of the order of the Justice of Peace. Hence, he is ordered to register the case as per impugned order forthwith and A.I.G. Investigation and DPO are directed to take disciplinary action against the concerned S.H.O. for disobedience of order of Justice of Peace impugned herein forthwith under intimation to Addl. Registrar (J) of this Court.

6. For the reasons stated above, I find no merit in this petition which is accordingly dismissed. HBT/345/P Petition dismissed.