Mushtaque Ali Khoso vs State Ss — 2025 MLD 857 KARACHI-HIGH-COURT-SINDH

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Mushtaque Ali Khoso VS State Ss.22-a, 22-B & 154---Information in cognizable cases---Power of Ex-officio Justice of Peace---Scope---Duty of S.H.O. to register FIR upon statement of complainant regardless of its authenticity and correctness---Scope---Misconduct by the police officials---Effect---In case of a cognizable offence, the complainant has to approach the Officer Incharge of such police station under whose jurisdiction such offence is said to have been committed---In such an event, the Officer Incharge of the concerned police station has no authority to refuse to record the complainant's statement and/or to refuse to register an FIR. on his complaint---If the said concerned Officer Incharge fails to or refuses to record the complainant's statement and/or to register his FIR., then the complainant has to approach the Justice of Peace under S.22-a, Cr.P.C.---On such complaint/application, if the Justice of Peace forms his independent opinion from the facts narrated to him by the complainant that a cognizable offense has been made out, the Justice of Peace is bound to issue a direction to the concerned Station House Officer for recording of FIR---Even if there is no direction of the Court, the S.H.O. has no authority to refuse to record the statement of the complainant in the relevant register irrespective of its authenticity/correctness or falsity of such statement---Primarily it is the prime duty of the superior officers in the police hierarchy to ensure discipline within the police force, which is a public service and also to keep a strict check on the conduct of such police officers---a constant watchful eye on the police officer is the need of the day and if the Competent authority concludes that the police officer indulged in acts of misconduct that prove incorrigibility and render complete unfitness of such police personnel in the service, then the competent authority should award the penalty of dismissal from service---If a police official with a patchy record is allowed to continue in service, it would not only damage the image of the police force but will also encourage social evils in the society, which the police force is required to eliminate---Criminal Miscellaneous application was disposed of with a direction to D.I.G. Police concerned to hear the applicant and the police officials and pass necessary directions in case of commission of a cognizable offence by the police officials.

Mushtaque Ali Khoso vs State Ss — 2025 MLD 857 KARACHI-HIGH-COURT-SINDH

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