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2007 YLR 3005

Mst. BALQEES BIBI vs STATION HOUSE OFFICER and 4 others

Citation2007 YLR 3005
CourtLahore High Court
Case No.Writ Petition No, 13709 of 2005
Date2005-07-27
Judge(s)Syed Shabbar Raza Rizvi
ResultOrder accordingly

ORDER

' SYED SHABBAR RAZA RIZVI, J.---The learned counsel has filed this writ petition to seek registration of a case under the relevant provisions of law. In a recent 'judgment of a Full Bench of this Court, it has been held that after incorporation of section 22-A, Cr.P.C., the petitioner should invoke section 22-A, Cr.P.C. As it is an adequate remedy, before invoking Article- 199 of the Constitution for registration of a case. In the same judgment, the Hon'ble Full Bench has further held that in case, where police officers are unwilling or reluctant to A register a ease, the petitioner should avail an .Adequate remedy of filing a private complaint before the competent Court. The Court during the complaint proceedings is fully empowered to pass an order to police officer even to investigate or make recoveries etc. In such circumstances, according to Hon'ble Full. Bench it is better that petitioner remains Incharge of his case instead leaving it to the mercy of biased police officer/Investigating Officer. In this regard PLD 2005 Lahore page 470, pages 535 and 536 are referred. Two more judgments are also referred, 2002 PCrl.LJ1613 and PLD 2002 Kar.

328.

2. In case, the petitioner chooses to file a petition under section 22-A, Cr.P.C. Or a private complaint, the concerned Justice of Peace or Court will decide the same in accordance with law and in the light of Full. Bench judgment referred above. With this observation this petition is disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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