Hafeez Ullah Shahid vs ASJ/JOP Ss — 2024 MLD 951 LAHORE-HIGH-COURT-LAHORE

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Hafeez Ullah Shahid VS ASJ/JOP Ss. 420, 468 & 471---Police Order (22 of 2002), art. 155(1)(c)---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document---Misconduct by the police---accused-petitioner was charged for conducting defective investigation---For initiation of departmental action against any rank of Police Officer/Official, different authorities were authorized in the police hierarchy but for judicial prosecution respective Deputy Inspector General of Police was the authorized officer---Therefore, despite registration of FIR, sanction of prosecution further determined the continuation of proceedings against the accused Police Officer/Official---If such sanction was not available then Court could not proceed further---Where the offences are non-cognizable Police Complaints authority can pass direction for action under S.155, Cr.P.C., for investigation with the permission of concerned magistrate or if they are scheduled offences of anti-Corruption Establishment, reference could be sent to that department for further action---Police Complaints authority, independent in nature by its composition as per art. 104 of the Police Order, 2002, shall consist of a Chairperson and six members---Its establishment is essential for running the system smoothly and in accordance with prevailing law---Even otherwise it was trite that when a statute described or required a thing to be done in a particular manner; it should be done in that manner or not at all---If a complaint of neglect, failure or excess committed by any Police Officer/Official was received by the Ex-Officio Justice of the Peace, he could simply pass it to District Police Officer concerned for placing it before the Police Complaints authority who was authorized to channelize it as per art. 36 of the Police Order, 2002, or Ex-Officio justice of the Peace could direct the aggrieved person to approach the Police Complaints authority by filing an application and further course of action shall be taken care of by the said authority under the law---If both the directions were not met, Ex-officio Justice of the peace can proceed as per law---allegation of defective investigation had been leveled against the petitioner which offence was non-cognizable---No defect was found in direction passed by Ex-officio Justice of the Peace for transfer of investigation, which did not call for any interference; however, direction for registration of FIR under art. 155(1)(c) of the Police Order, 2002, was set aside with the direction to concerned SHO to enter information in a register, maintained under S.155 of Cr.P.C. and proceed strictly in accordance with law---With these observations, petition stood disposed of.

Hafeez Ullah Shahid vs ASJ/JOP Ss — 2024 MLD 951 LAHORE-HIGH-COURT-LAHORE

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