1987 P Cr (PLP)
RAHMAT ULLAH‑‑Petitioner Versus STATION HOUSE OFFICER and others‑‑Respondents
| Citation | 1987 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | RAHMAT ULLAH‑‑Petitioner Versus STATION HOUSE OFFICER and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 P Cr (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 P Cr (PLP) (RAHMAT ULLAH‑‑Petitioner Versus STATION HOUSE OFFICER and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Latif Khan Khosa for Petitioner.
- M. Zafar Yasin for Respondent.
- Date of hearing: 17th December, 1986.
Headnotes / Summary
‑‑Art. 199‑‑Criminal Procedure Code (V of 1898), S. 154‑‑Registration of criminal case‑‑Challan in counter‑murder case at trial stage and prosecution evidence partly recorded‑‑Petitioner examined by Police and on his own showing he was not an eye‑witness of occurrence‑‑Petitioner not an aggrieved person and victim of alleged murderous assault neither approached police for registration of counter‑case nor moved High Court for such direction to police‑‑Registration of counter‑case declined, in circumstances.
Judgment & Decree
S.M. Latif Khan Khosa for Petitioner. M. Zafar Yasin for Respondent. Date of hearing: 17th December, 1986. Through this Constitutional Petition Rehmat Ullah petitioner wants this Court to direct S.H.O. P.S. Chichawatni, District Sahiwal to register a case of murderous assault a/s 307/148/149, P.P.C. against Muhammad Arshad and 6 others respondents Nos. 3 to 9. 2. Learned counsel for the petitioner submitted that on 3‑ 6‑ 1985 at 6‑ 00 a.m. Muhammad Arshad and 6 others respondents Nos. 3 to 9 variously armed had launched murderous assault on Munawar Ali and caused him injuries with fire‑arm but the S.H.O. had refused to register case at the instance of Rehmat Ullah, instead he registered a case of murder a/s 302, P.P.C. against Munawar Ali and others. The learned counsel maintained that since Muhammad Arshad and others had committed a cognizable offence, therefore, the S.H.O. could not have refused to register the same. Learned counsel for the respondents has opposed this petition. He argued that Rehmat Ullah being not an aggrieved person, the petition merits rejection on this score alone. 3. I have considered the submissions made by the learned counsel for the parties with care. I do not feel inclined to direct S.H.O. to register the case for the reasons that the challan in case of murder against Munawar Ali and others, having been sent up the case is at trial stage and the prosecution evidence has partly been recorded; that the S.H.O. has stated that Rehmat Ullah was examined by the police and on his own showing he had not seen the occurrence; that Munawar Ali, the victim of murderous assault has neither approached the police for the registration of the counter‑case nor has he moved any petition before this Court for direction to the S.H.O. to register the case and that adequate alternative remedy of complaint was/is available to the petitioner. For what has been said above, the petition is dismissed. S.G.D./R‑25/L Petition dismissed.