KALEEM ULLAH vs State art — 2021 PCrLJ 943 PESHAWAR-HIGH-COURT

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KALEEM ULLAH VS State art. 199---Criminal Procedure Code (V of 1898), S. 561-a---Penal Code (XLV of 1860), Ss. 324, 337-F(ii), 337-F(iii) & 34---Constitutional petition---Quashing/Cancellation of FIR---Scope---First Information Report was registered by petitioner against the respondents with the charge of murder, attempt to commit murder and causing injuries to him as well as prosecution witnesses---Report about the same incident by respondents/accused, daily diary report had been registered against the present petitioner with the charge of attempt to commit murder and causing injuries to him and witnesses---Complainant requested the local police for registration of separate FIR, but his request was turned down, resultantly, he filed an application under S. 22-a(6) Cr.P.C. before the Justice of Peace, which was allowed, on the basis whereof, the impugned FIR was registered against the present petitioner and his co-accused---Validity---Record showed that in both the FIRs, the day, date, time and place of occurrence coupled with the parties were one and the same---In that view of the matter, the two versions of the rival complainants were about one and the same incident accusing each other---admittedly, during the investigation conducted after registration of a FIR, the Investigating Officer could record any number of versions of the same incident brought to his notice by different persons under S. 161, Cr.P.C.---No separate FIR was to be recorded for any new version of the same incident brought to the notice of the Investigating Officer during the investigation of the case---Justice of Peace reached to an erroneous conclusion directing the police to register separate FIR---Constitutional petition was allowed by setting aside the order of Justice of Peace and the consequential FIR was quashed, in circumstances.

KALEEM ULLAH vs State art — 2021 PCrLJ 943 PESHAWAR-HIGH-COURT

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