1994 P Cr (PLP)
NASIR AHMAD — Petitioner Versus ANSAR KHAN and another — Respondents
| Citation | 1994 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NASIR AHMAD — Petitioner Versus ANSAR KHAN and another — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 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: 1994 P Cr (PLP) (NASIR AHMAD — Petitioner Versus ANSAR KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Manzoor Hussain Basra for Petitioner.
- Rana Abdul Majid for Respondent No.l.
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), S.188
Interpretation of Sessions Court, that the registration of F.I.R. by the Police Officer against the accused under S.188, P.P.C. at the instance of a private person was unwarranted in the eyes of law and without any legal foundation, was legally untenable, because there was no law which provided for a particular class of persons at whose instance F.I.Rs. could generally be registered
Order of Sessions Court allowing pre-arrest bail to accused on the basis of said interpretation of law was illegal and consequently set aside and the matter was sent back to Sessions Court for fresh consideration of accused's bail plea on merits.
S. 195
Bar contained in S.195, Cr.P.C.
Provisions of S.195, Cr.P.C. do not create any bar on the registration of an F.I.R. and the stage for the proceedings for which the bar contained in the section operates is the stage of taking of cognizance of the case by a competent Court.
Judgment & Decree
S. 195
Bar contained in S.195, Cr.P.C.
Provisions of S.195, Cr.P.C. do not create any bar on the registration of an F.I.R. and the stage for the proceedings for which the bar contained in the section operates is the stage of taking of cognizance of the case by a competent Court. Ch. Manzoor Hussain Basra for Petitioner. Rana Abdul Majid for Respondent No.l. Najam-ul-Hassan Gill for the State. I am surprised at the learned Sessions Judge's knowledge of law. According to his interpretation in respect of the offences which fall within the purview of section 195 of the Cr.P.C., no F.I.R. could be registered by the Officer, Incharge of the Police Station at the instance a private person and that any F.I.R. so registered was "unwarranted in the eyes of law" and further that the very basis of the registration of such a case was without any legal foundation.
2. A bare perusal of the provisions of section 195, Cr.P.C. would demonstrate that the said provisions do not create any bar on the registration of an F.I.R. and the stage for the proceedings for which the bar contained in section 195, Cr.P.C. operates, is the stage of taking of cognizance of the case by' a competent Court. If an F.I.R. could be lawfully registered by the Officer Incharge of the police station then the interpretation of the learned Sessions Judge that the same could not have been lodged at the instance of a private person, was an interpretation which is legally untenable. There is no law which provides for a particular class of persons at whose instance F.I.Rs. could generally or even in the present case be registered.
3. The result is that the order, dated 29-11-1993 passed by the learned Sessions Judge of Narowal allowing pre-arrest bail to Asnar Khan respondent is illegal and is consequently set aside. Since the learned Sessions Judge had not considered the matter on its merits, therefore, I consider it C appropriate to refer the matter back to the learned Sessions Judge of Narowal for a fresh consideration of the respondent's bail plea on merits. Ansar Khan respondent shall be deemed to be on interim pre-arrest bail allowed to him by the learned Sessions Judge and the matter shall be decided afresh from that stage onwards.
4. Ansar Khan respondent shall appear before the learned Sessions Judge of Narowal on 16-1-1994.
5. A copy of this order shall be sent to the learned Sessions Judge of Narowal (Hakim Syed Akhtar Irshad) for his information and guidance, wherever he be presently posted. N.H.Q./N-214/L Case remanded.