1997 P Cr (PLP)
MURID HUSSAIN — Petitioner Versus THE STATE and 3 others — Respondents.
| Citation | 1997 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MURID HUSSAIN — Petitioner Versus THE STATE and 3 others — Respondents. |
| Primary Law | (b) Constitution of Pakistan (1973), (a) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1997 P Cr (PLP)?
This judgment primarily cites: (b) Constitution of Pakistan (1973), (a) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 P Cr (PLP) (MURID HUSSAIN — Petitioner Versus THE STATE and 3 others — Respondents.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Sajjad Haider Zaidi, Advocate.
Headnotes / Summary
Ss. 452/354/148/149
Constitution of Pakistan (1973), Art. 199-- Constitutional petition
Quashing of F.I.R. and police investigation
Police having a statutory right under 5.156, Cr.P.C. to investigate a cognizable offence reported under S.154, Cr.P.C.
Quashing of police investigation on the ground of the case being false could be a treacherous act amounting to an uncalled for interference by the Court with police duties within their domain
Functions of judiciary and police being complementary and not overlapping each should exercise its own function and the functions of Court begin when a charge is preferred before it and not until then
Constitutional petition being without merit was dismissed in limine.
Art. 199
Criminal Procedure Code (V of 1898), S.561-A
Quashing of police investigation
Investigation stage is outside the purview of the Court and it has no power to quash an investigation.
Judgment & Decree
Through this Constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan of 1973, the petitioner seeks quashment of a case registered against him vide F.I.R. No.95/96, dated 19-6-1996, under sections 452, 354, 148/149, P.P.C. inter alia on the ground that the case against the petitioner is false and that he is innocent.
2. It is settled law since 1945 that the police are under a statutory duty under section 154 of the-Code of Criminal Procedure and have a statutory right under section 156 of the Code of Criminal Procedure to investigate a cognizable offence whenever a report is made to it disclosing the commission of a cognizable offence. To quash the police investigation on the ground that the case is false would be to act on treacherous grounds and would tantamount to an uncalled for interference by the Court with the duties of the police. Just as it is essential that everyone accused of a crime should have free access to a Court of justice so that he may be duly acquitted if found not guilty of the offence with which he is charged, so it is of the utmost importance that judiciary should not interfere with the police in matters which are within their domain and into which the law imposes upon them the duty of enquiry. The functions of the judiciary and the police are complementary not overlapping and the combination or individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function. The Courts functions begin when a charge is preferred before it and not until then. The observance and the ratio decidendi of their Lordships of the Privy Council made in the case of Emperor v. Khawaja Nazir Ahmad AIR 1945 PC 18 has been consistently approved and followed by the superior Courts of Pakistan.
3. In the case of M.S. Khawaja v. The State PLD 1965 SC 287, his Lordship Mr. Justice A.R. Cornelius, the then Chief Justice of Pakistan was pleased to observe that-the investigation stage is outside the purview of the Court. It was again held by his Lordship Mr. Justice Hamoodur Rahman, the then Chief Justice of Pakistan in the case of Shahnaz Begum v. The Honourable Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677; that there is no power to quash an investigation. The same view has been expressed by my Lord Mr. Justice Sajjad Ali Shah, the present Chief Justice of Pakistan in the case of Badaruddin v. The Additional Sessions Judge of Jhang reported in PLD 1993 SC 399. 4 There is no merit in this petition, which is dismissed in limine. N.H.Q./M-143/L Petition dismissed,