2002 PLP 1181 (MLD)
Mst. KAUSAR and another‑‑‑Petitioners Versus SUPERINTENDENT OF POLICE, BHAKKAR
| Citation | 2002 PLP 1181 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Zafar Pasha Chaudhary, J |
| Parties | Mst. KAUSAR and another‑‑‑Petitioners Versus SUPERINTENDENT OF POLICE, BHAKKAR |
Q1: What are the key laws and sections cited in 2002 PLP 1181 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1181 (MLD)?
The case was heard and decided by the Lahore bench comprising: Zafar Pasha Chaudhary, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1181 (MLD) (Mst. KAUSAR and another‑‑‑Petitioners Versus SUPERINTENDENT OF POLICE, BHAKKAR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Abdus Sattar Chughtai for Petitioners.
- Aziz Ahmad Malik for Respondent No.3.
Headnotes / Summary
Criminal Procedure Code (V of 1898) ‑‑‑ ‑‑‑‑Ss.154 & 156‑‑‑Penal Code (XLV of 1860), S.182‑‑‑Registration and investigation of case‑‑‑No police officer was required to hold investigation before registration of case‑‑‑If any police officer received information disclosing commission of a cognizable offence he was under legal obligation to register case as per provisions of S.154, Cr.P.C.‑‑‑If a false F.I.R. was lodged, the informer could be proceeded against under S.182, P.P.C. which had made any false information to any police officer punishable. M. Bilal Khan, Addl. A.‑G. with Abdul Qadir, A.S.I., Police Station Jandanwala, District Bhakkar with Record.
Judgment & Decree
Through this writ petition, it has been prayed that by declaring the registration and investigation of case F.I.R. No.8/2001, dated 21‑2‑2001 registered with Police Station Jandanwala, District Bhakkat being false, malicious and without lawful authority, the same may please be declared to be illegal and set aside in the interest of justice.
2. With the help of the learned counsel, I have gone through the contents of the F.I.R. again. The gist of the allegation contained therein is that Abdul Majid petitioner No.2 developed illicit relations with the complainant's daughter Mst. Kausar Bibi, and thereafter she was abducted who had already been married according to Islamic Law with Sana Ullah. According to learned counsel, since she was consenting party, therefore, no offence is constituted. On a straight question by the Court whether elopement of a married woman with the stranger does constitute an offence or not? The learned counsel concedes that the offence is constituted but the contents of the F.I.R. are false and they are being contradicted with the documentary evidence. Before registration of the case, no police officer is required to hold investigation and if the law has to be laid down that before recording an F.I.R., investigation should be conducted and truth or falsehood of the information may be determined then the same would be directly in conflict with the provisions of section 154, Cr.P.C. If any information discloses commission of a cognizable offence, the police officer is under a legal obligation to register the case as per provisions of section 154, Cr.P.C. If a false F.I.R. is lodged, the law has taken care of the same by enacting section 182, P.P.C. which snakes any false information to any police officer punishable. This petition praying for issuance of writ declaring the F.I.R. as illegal is totally misconceived. The same, is without any merit and is hereby dismissed. H.B.T./K‑127/L Writ petition dismissed.