1989 PLP 2698 (MLD)
ABDUL REHMAN — Petitioner Versus S.H.O., POLICE STATION,
| Citation | 1989 PLP 2698 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khalil-ur-Rehman Khan, J |
| Parties | ABDUL REHMAN — Petitioner Versus S.H.O., POLICE STATION, |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 2698 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 2698 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khalil-ur-Rehman Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2698 (MLD) (ABDUL REHMAN — Petitioner Versus S.H.O., POLICE STATION,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaukat Ali Javaid for petitioner.
- Date of hearing: 20th March, 1989.
Headnotes / Summary
S. 154--Registration of counter-version--Where case pertaining to particular incident was registered, law enjoins upon police to register counter-version and to proceed with investigation in accordance wrath law. Muhammad Ibrahim v. S.H.O. Police Station, Mansehra and another P L D 1983 Pesh. 229 and Akram Ali Shah v. Station House Officer, Police Station Kotwali Kasur and others P L D 1979 Lah. 320 ref. Irfan Qadir, Asstt. A.-G. for the State.
Judgment & Decree
The grievance made in this petition is that the police has illegally refused to register a cross-case. The report was called for and the position taken therein is that the cross-version was reported later to the report made by the opposite party on the basis of which the case pertaining to the incident was registered under sections 307, 148 and 149, P.P.C. It is further stated in the report that on investigation the cross-version was considered to be baseless and that the petitioner party is the aggressor. Cross-firing by the parties is admitted. Learned Assistant Advocate-General states that in the circumstances the police should have registered the case on the basis of the cross-version and the question as to which party is the aggressor will be determined by the Court itself. It is added that the police cannot refuse to register a case on the plea that the investigation conducted by it reveals that the version is incorrect and baseless. Reference is made to Muhammad Ibrahim v. S.H.O. Police Station Mansehra and another P L D 1983 Pesh. 229 and Akram Ali Shah v. Station House Officer, Police Station Kotwali Kasur and others P L D 1979 Lah.
320. The law enjoins upon the police to register the counter-version and to proceed with the investigation in accordance with law. The respondent S.H.O. is directed to register a case on the basis of the counter-version and to proceed with the investigation according to law. With the above observation the petition stands accepted. H.B.T/A-605/L Petition accepted.