Khush Bakht Mirza vs State S — 2024 PCrLJ 1409 ISLAMABAD

Case information

Citation: 2024 PCrLJ 1409 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: PCRLJ
Parties: Khush Bakht Mirza vs State S
Subject matter: Criminal
Provisions referred to: S. 154---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Khush Bakht Mirza VS State S. 154--- Police Rules, 1934, R. 25---Constitution of Pakistan, Art. 199---Quashing of FIR---Subsequent FIR, registration of--- Absence of complainant---Effect---Petitioner assailed registration of two FIR's against her at place "I" when earlier FIR on same subject was already registered at place "L"--- Validity--- Incharge Police Officer at place "I" had no authority or jurisdiction to register criminal case to investigate contents of FIR's registered at place "L"--- Act of registration of FIR's at place "I" was unlawful---First Information Report registered at place "I" were cancelled during proceedings before High Court and matter was referred to Federal Investigating Agency, where the proceedings were closed on technical ground of "non-pursuance", failure on part of complainant to verify contents of the complaint--- Registration of FIR's at place "I" were unlawful, therefore, it would be deemed that the matter had never been referred to Federal Investigating Agency--- High Court declared that FIR's in question were registered unlawfully and in excess of jurisdiction by Incharge Police Station, at place "I" and were quashed--- At the time of filing of application and registration of FIR., complainant was abroad--- High Court directed Inspector General of Police to hold detailed inquiry against Incharge Police Station and other officials in the matter of registration of FIRs by incorporating false statement regarding presence of complainant at the police station---Constitutional petition was allowed accordingly.

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