2009 PLP 1036 (YLR)
MUHAMMAD HASSAN — Applicant Versus STATION HOUSE OFFICER, SUKKUR and 2 others — Respondents
| Citation | 2009 PLP 1036 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Abdur Rehman Faruq Pirzada, J |
| Parties | MUHAMMAD HASSAN — Applicant Versus STATION HOUSE OFFICER, SUKKUR and 2 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1036 (YLR)?
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 PLP 1036 (YLR)?
The case was heard and decided by the Karachi bench comprising: Abdur Rehman Faruq Pirzada, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1036 (YLR) (MUHAMMAD HASSAN — Applicant Versus STATION HOUSE OFFICER, SUKKUR and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Iqbal Mahar, A.A.-G. for Respondents.
Headnotes / Summary
Ss. 22-A & 22-B
Application for registration of F.I.R.
Applicant had challenged the order passed by the Justice of Peace on his application filed under S. 22-A & 22-B, Cr.P.C.
Applicant had made a specific prayer that S.H.O. be directed to register the F.I.R. of applicant against accused persons, which he was bound to register under S.154, Cr.P.C.-S.H.O. Police Station concerned had filed his statement according to which the NC report of applicant was recorded in Roznamcha-book and subsequently the same was incorporated into F.I.R. also which had been duly investigated into
Counsel for the applicant had contended that actually the version of complainant was not correctly recorded in the F.I.R. and even thumb impression of the applicant was not obtained at Police Station
One F.I.R. registered by the applicant was on record
If the applicant felt aggrieved with the investigation of the police with regard to the contents of the F.I.R., then he could pursue proper remedy before the competent court under the relevant provisions of law. Zulifqar Ali Sangi for Applicant.
Judgment & Decree
ABDUR REHMAN FARUQ PIRZADA, J.
The applicant has challenged the order dated 15-8-2008 passed by learned Additional Sessions Judge, (H) Sukkur on the application under sections 22-A and 22-B, Cr.P.C. In the said application, the applicant had made a specific prayer that the respondent No.1 be directed to register the FI.R of the applicant against the accused persons, which he was bound to register under section 154, Cr.P.C. It appears that the applicant had approached PS "C". Section Sukkur on 12-7-2008, on which date his NC report was recorded, whereafter the letter for medical treatment and certificate was issued. Subsequently on receipt of the final medical certificate, the said NC report was incorporated into F.I.R on 19-7-2008. As per impugned order, the applicant and his counsel remained absent without information, hence the application was dismissed in non prosecution as well as on merits, since the F.I.R of the same incident was stated to have already been lodged. S.I.P./S.H.O. Rao Shafiullah PS "C" Section Sukkur has filed his statement, according to which the NC report of application was recorded in rozenamcha book on 12-7-2008, and subsequently the same was incorporated into F.I.R. The case has been duly investigated into, and report has been submitted with the recommendation that the case may be disposed of in "C" class. Learned counsel for the applicant has contended that actually the version of complainant was' not correctly recorded in the F.I.R, and even thumb-impression of the applicant was not obtained at Police Station. Learned State counsel has submitted that proper F.I.R of the applicant has already been registered and it will be open for the applicant to approach the concerned Court of Magistrate, or in the alternative to approach the Court of Sessions Judge, by way of. filing direct complaint. It is evident that one F.I.R registered by the applicant is on record. In case the applicant feels aggrieved with the investigation of police or with regard to the contents of the F.I.R, then he may pursue proper remedy before the competent Court under the provisions of law. In the above terms, the Cr. Miscellaneous Application is disposed of along with listed applications. H.B.T./M-5/K Order Accordingly.