ARSALAN RAZA vs JUSTICE OF PEACE Ss — 2024 PCrLJ 351 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PCrLJ 351 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PCRLJ
Parties: ARSALAN RAZA vs JUSTICE OF PEACE Ss
Subject matter: Criminal
Provisions referred to: S. 22-; S. 157; S. 154; S. 156

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

ARSALAN RAZA VS JUSTICE OF PEACE Ss. 22-a, 22-B, 154, 156 & 157---Police Rules, 1934, R. 24.4---Constitution of Pakistan, art. 199---Constitutional petition---First Information Report, registration of---Principle---Inquiry before registration of case---Scope---Petitioner was aggrieved of dismissal of his application under S. 22-a(6), Cr.P.C. by Ex-officio Justice of Peace refusing to issue direction to register a criminal case against accused persons---Validity---Provision of S. 157, Cr.P.C. read with R. 24.4 of Police Rules, 1934 could not be employed before registration of criminal case under S. 154, Cr.P.C.---When information of cognizable offence was received by Station House Officer (SHO), he could not embark upon inquiry to examine reliability or credibility of such information to refuse registration of criminal case---Station House Officer was under statutory duty to register criminal case and then to proceed with investigation, if he had reason to suspect commission of an offence---Station House Officer was empowered under S. 156, Cr.P.C. to investigate, subject to proviso (b) to S. 157(1), Cr.P.C. read with R. 24.4 of Police Rules, 1934, whereby investigating officer had ample power to dispense with investigation altogether---High Court set aside order passed by Ex-officio Justice of Peace as the same was illegal and unwarranted---High Court directed SHO to register criminal case on the information of petitioner, clearly disclosing commission of cognizable offence, already furnished to him---Constitutional petition was allowed, in circumstances.

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