' Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner seeks issuance of direction to the S.H.O. Police Station, Jampur to register a criminal case against the police officials for committing the murder of his brother namely Muhammad Ismail and causing injuries to Abdul Ghafoor, who is still admitted in the hospital.
2. S.H.O., Police Station, Jampur is present and states that F.I.R. No.6 has already been registered on 3-1-2005 at the same police station on the complaint of Riaz Hussain Gurmani, S.-I. That both the deceased and injured were members of Bosan gang and they received injuries in a police encounter.
3. The learned counsel for the petitioner contends that the police officials had caused injuries to the deceased and the injured without any fault on their part and are guilty of a cognizable offence.
According to the learned counsel false story regarding police encounter has been created to cover up the crime of the police officials and F.I.R. Has been registered to save their skin.
4. Learned Addl. Advocate-General on instructions opposes this petition on the ground that both the deceased and the injured received injuries during a police encounter in the exercise of right of self-defence regarding which criminal case has already been registered and second F.I.R. Cannot be registered. It is also contended that judicial inquiry is also undergoing.
5. I have heard the learned counsel for the parties. Under section 154, Cr.P.C. On receipt of any information either made orally or in writing relating to commission of some cognizable offence the S.H.O./Officer Incharge of a police station is bound to enter the same in the relevant book and thereafter investigation is started, the purpose of which under section 4, Cr.P.C. Is to collect the evidence. The accused persons are equally afforded opportunity to lead evidence in support of their innocence, if have been falsely involved. In the present case serious allegations of Qatl-e- Amd of Muhammad Ismail and causing injuries with fire-arm to Abdul Ghafoor have been levelled against the police officials which prima facie make out commission of a cognizable offence and the S.H.O. Is bound to act in accordance with law. The version narrated in the B earlier case (F.I.R.) by the police declaring the incident as a result of police encounter cannot be treated as gospel truth and same is not sufficient to refuse registration of the case on the statement/application of the petitioner. The matter requires evidence and thorough investigation. The petitioner cannot be refused opportunity to produce evidence to prove his allegations levelled against the police officials merely for the reason that the F.I.R. Containing the version of the alleged accused (police officials) has already been registered. Moreover, the purpose of the judicial inquiry is to find out the facts and mere pendency of the same is not a bar to register a criminal case, if otherwise cognizable offence is prima facie found to have been made out from the information passed on to the S.H.O. As has been repeatedly held by this Court and the Honourable Supreme Court of Pakistan.
6. For the foregoing reasons this writ petition is accepted and the S.H.O., Police Station, Jampur present in Court is directed to record the statement of the petitioner under section 154, Cr.P.C.
Today and act strictly in accordance with law.