2009 PLP 1076 (MLD)

MUHAMMAD ALAM KHAN, J.

Learned counsel for the petitioner submitted that in spite of petitioner's allegations containing cognizable offences, her first information report; has not been registered under section 154, Cr.P.C. She approached the Ex-Officio Justice of Peace under section 22-A(6), Cr.P.C. but her application was rejected vide the impugned order, dated 17-1-2008. Hence, she was left with no other option but to approach this Court under constitutional jurisdiction for redressal of her grievance.

2. We have heard the petitioner in person who is present in Court and have gone through the allegations contained in the petition which prima facie disclose cognizable offences.

3. To provide speedy relief, Mr. Sanaullah Shamim Gandapur, D.A.G., who is present in Court, was put to notice which he accepted and he has also been heard.

4. Needless to mention that when a cognizable offence is alleged by a citizen, he has got an indefeasible vested right to get an F.I.R. registered. Section 154, Cr.P.C. secures his such right and binds police to bring the allegations on book. It was categorically held by Honourable apex Court in the case of Syed Saeed Muhammad Shah, v. The State (1993 SCMR 550) that the S.H.O. has no option to decline registration of F.I.R. when a cognizable offence is, alleged. The same view has been repeated by superior Courts in a chain of rulings and the same view has been reiterated in the latest judgment of Honourable apex Court delivered in the case of Jamil Khan v. Abdur Rahim (PLD 2009 SC 102) that police has statutory duty to record F.I.R in cognizable 'cases. Relevant implications of this duty have been explained in the judgment of this Court delivered in the case of Salahuddin Khan S.H.O. v. Noor Jehan (PLD 2008 Peshawar 53). Learned D.A.G. did not controvert this legal position.

5. Therefore, we hold that by not registering the F.I.R. on the basis of cognizable allegations of petitioner, the S.H.O., Police Station concerned has refused to perform his legal duty, acting in violation of law. Similarly, learned Ex-officio Justice of Peace has also passed the impugned order not in consonance with the guiding judgments of the superior Courts. He should keep in mind that scrutiny of the allegations is done after registration of the case, during proper investigation and inquiry. Assessment of allegations prior to registration of F.I.R. is a pre-judgment which is not justified in view of the mandate contained in section 154, Cr.P.C.

6. Resultantly, we accept this writ petition and direct S.H.O., Police Station concerned to register First Information Report of the petitioner according to her allegations for further necessary action according to law. H.B.T./126/P Petition accepted.