2009 P Cr (PLP)
Mst. REHANA JALAL — Petitioner Versus S.H.O. POLICE STATION KOT ADDU, and 3 others — Respondents
| Citation | 2009 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. REHANA JALAL — Petitioner Versus S.H.O. POLICE STATION KOT ADDU, and 3 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 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: 2009 P Cr (PLP) (Mst. REHANA JALAL — Petitioner Versus S.H.O. POLICE STATION KOT ADDU, and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioner.
Headnotes / Summary
S. 22-A
Constitution of Pakistan (1973), Art.199
Constitutional petition-Non-registration of case
Application against
Petitioner reported information of offence cognizable by the police, but S.H.O. having not registered F.I.R., petitioner filed application under S.22-A, Cr. P. C. which was also dismissed by the Justice of Peace
Justice of Peace obtained report from the Police, who on the basis of said report, found that dispute between the parties was of civil nature which did not require his interference--Petitioner in her application under S.22-A, Cr. P. C. had narrated full story of occurrence giving each and every detail
Report submitted by the police on which Justice of Peace relied and passed impugned order did not contain even any reference to story alleged by the petitioner in the application
Report of the police and order passed by the Justice of Peace, being without any force, copy of the same would be forwarded to D.P.O. concerned for ensuring that the statement of the petitioner be recorded by the S.H..O. who would proceed in accordance with law
Order accordingly.
Judgment & Decree
SAIF-UR-REHMAN, J.
Grievance of the petitioner voiced through this petition is that she reported information of offence cognizable by the police to S.H.O. Police Station Kot Addu who did not register the F.I.R. She filed application under section 22-A before the learned Justice of Peace, Kot Addu which was dismissed on 26-11-2007. She submitted that in the light of case-law laid down in PLD 2007 SC 539, the S.H.O. had no option but to record statement of the petitioner and proceed in accordance with law.
2. I have gone through the order of learned Justice of Peace who had obtained report from the police and on the basis of the same found that the dispute was of civil nature which did not require his interference hence the petition moved by the petitioner was dismissed.
3. In copy of the application moved before the learned Justice of Peace the petitioner alleged that on 29-10-2007, at Magrab time private respondents armed' with pistols/Sota entered her house, started molesting her daughter Sobia Manzoor, physically tortured the complainant, took her articles mentioned in the application and fled away while extending threats to her.
4. Perusal of report submitted by the A.S.-I. on which the learned Justice of Peace relied or the impugned order does not contain even any reference to the story alleged by the petitioner in the said application.
5. Report of the police and order passed by the learned Justice of Peace therefore, are found to be without any force. Copy of this application shall be forwarded to D.P.O., Muzaffargarh for ensuring that statement for ensuring that statement of the petitioner is recorded by the S.H.O. who shall proceed in accordance with law thereafter. Disposed of. H.B.T./R-45/L Order accordingly.