2010 P Cr (PLP)

HAFIZ ABDUL REHMAN ANSARI, J.

Through this writ petition, petitioner seeks issuance of a direction to respondent No.2 S..H.O. Police Station Sadar Burewala, District Vehari to record statement of the petitioner under section 154, Cr.P.C. and to register the case in accordance with law.

2. Brief facts of the case are that the petitioner filed petition under section 22-A, Cr.P.C. before the Justice of Peace, Burewala on 29-7-2009 for a direction to the S.H.O. Police Station Sadar Burewala for registration of case against the unknown persons. The Justice of Peace, Burewala after summoning the report from the police about the commission of offence was pleased to pass order, dated 29-7-2009 with the direction to respondent No.2, S.H.O., Police 'Station Sadar Burewala to record the statement of the petitioner and proceed further strictly in accordance with law. After that order the petitioner submitted application before respondent No.2 along with the order of Justice of Peace dated 29-7-2009 but the respondent No.2 S.H.O., Police Station Sadar 1urewala refused to record the statement of the petitioner under section 154, Cr.P.C.

3. Being aggrieved of the conduct of the said S.H.O., the petitioner again filed petition before the Justice of Peace, Burewala again report was called from the police and respondent No.2 submitted copy of Rapt No.2 dated 24-8-2009 and. Rapt No.26, dated 24-8-2009 under section 157, Cr.P.C.

4. Learned counsel for the petitioner submits that prior to registration of the case the respondent No.2 initiated investigation under section 157, Cr.P.C. while requirement of law is that first statement under section 154, Cr.P.C. should be recorded, if the offence is made out from the contents of the complaint; learned counsel makes reliance on PLD 1977 Lah. 424 and 2006 PCr.LJ 622.

5. Respondent No.2, S.H.O., Police Station Saddar Burewala is bound to record statement under section 154, Cr.P.C. I am fortified in this regard from the judgment of the Supreme Court reported in 1993 SCMR

550. A few lines of para.10 from the judgment are reproduced hereunder:

"In Part-V of the Criminal Procedure Code there is Chapter XIV containing sections 154 to 176 which relate to the information to the police and their powers to investigate. These provisions cover information in cognizable cases as well as in lion cognizable cases. Under section 154, Cr.P.C. it is mandatory bounded duty of the Police Officer to register F.I.R. of a cognizable offence." I am also fortified by the judgment titled Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2006 SC 539 in which valuable and comprehensive discussion about the duties of Station House Officer with regard to registration of F.I.R. is available. In the above cited case, petition under section 22-A, Cr.P.C. for registration of case was filed before the Justice of Peace. Learned Justice of Peace/Additional Sessions Judge first called the comments and then passed an order on the petition. In this judgment comments called for by the Justice of Peace is disapproved by the Honourable Supreme Court. Learned Justice of Peace/Additional Sessions Judges are used to call comments from the Station House Officers in petitions filed before them under section 22-A, Cr.P.C. which practice in my opinion is utter violation of dictum laid down in case titled Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539.

6. Respondent No.2, S.H.O. Police Station Saddar Burewala, District Vehari is directed to record statement of the petitioner under section 154, Cr.P.C. and hand over the. copy of the F.I.R. to the petitioner without any delay.

7. With the above direction, this writ petition is disposed of. H.B.T./M-844/L Order accordingly.