Citation Name: 2023 PCrLJ 340 LAHORE-HIGH-COURT-LAHOREBookmark this Case UMAIR ISHTIAQ vs STATION HOUSE OFFICE

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Citation Name: 2023 PCrLJ 340 LAHORE-HIGH-COURT-LAHOREBookmark this Case UMAIR ISHTIAQ VS STATION HOUSE OFFICER S. 22-a---Penal Code (XLV of 1860), Ss. 337-a(i), 337-a(ii), 148 & 149---Constitution of Pakistan, art. 199---Constitutional petition---arrest of accused---Ex-officio Justice of Peace, direction of---Cross-version case---Shajjah-i-Khafifah, Shajjah-i-Mudihah and rioting armed with deadly weapons---Present was a cross-version case in which Ex-officio Justice of Peace directed investigating officer to arrest petitioner and others named in cross-version---Validity---Respondent got cross-version registered against petitioner and others in FIR---Investigating officer who initially dealt with the matter was of the opinion that injuries caused wife of respondent were simple and non-cognizable---Investigation was transferred to another police officer, who was investigating the matter---Investigating officer was to defer arrest of any accused if he was not satisfied about his involvement in any offence---Nothing was on record to suggest inaction of police---Respondent did not make out a case for intervention of Ex-officio Justice of Peace, who had only jurisdiction to issue a direction to police officials to look into the matter---High Court declared order passed by Ex-officio Justice of Peace to be without lawful authority and set aside the same, as Ex-officio Justice of Peace passed the order in complete disregard of the law---Constitutional petition was allowed accordingly. Citation Name: 2023 PCrLJ 340 LAHORE-HIGH-COURT-LAHOREBookmark this Case UMAIR ISHTIAQ VS STATION HOUSE OFFICER Ss. 4(l), 155(2), 156(1)(3), 157(1), 174 & 202---Investigation---Principle---First Information Report is not a condition precedent for initiating investigation by police---Even where FIR is recorded, investigating officer may refuse to investigate the case under S. 157, Cr.P.C.---Mere fact that FIR is registered does not obligate investigating officer to arrest accused.

Citation Name: 2023 PCrLJ 340 LAHORE-HIGH-COURT-LAHOREBookmark this Case UMAIR ISHTIAQ vs STATION HOUSE OFFICER S — 2023 PCrLJ 340 LAHORE-HIGH-COURT-LAHORE

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