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2010 P Cr. L J 910

Mst. SHAZIA MAI vs JUSTICE OF PEACE and others

Citation2010 P Cr. L J 910
CourtLahore High Court
Case No.Writ Petition No,6926 of 2009
Date2009-09-29
Judge(s)Hafiz Abdul Rehman Ansari
ResultOrder accordingly

ORDER

' HAFIZ ABDUL REHMAN ANSARI, J.---Through this writ petition, the petitioner, Mst. Shazia Mai seeks issuance of a direction to respondent No,2 to lodge F.I.R. Against the accused persons named in the petitioner's application filed before the respondent No, 1.

2. Learned counsel for the petitioner contends that Justice of Peace/ learned Additional Sessions, Multan vide order dated 17-9-2009 directed the S.H.O., Police Station Budhla Sant to register a case, if from the contents of the application, cognizable offence is made out; further submits that in the light of the order dated 17-9-2009 by Justice of Peace, Multan, petitioner submitted application before respondent No,2/S.H.O., Police Station Budhla Sant, Multan but he has not recorded the statement of the petitioner under section 154, Cr.P.C. Qua which he is bound to do so. I am fortified by the judgment of the honourable Supreme Court of Pakistan reported in 1993 SCM R 550, titled as Syed Saeed Muhammad Shah and another v. The State few lines of para. 10 of the said judgment are reproduced here for guidelines:-- "In part V of the Criminal Procedure Code there is Chapter XIV containing sections 154 to 176 which relate to the information to the police and their powers to investigate. These provisions cover information in cognizable cases as well as in non-cognizable cases. Under section 154, Cr.P.C. It is mandatorily bounden duty of the police officer to register F.I.R. Of a cognizable offence."

3. Respondent No,2/S.H.O., Police Station Budhla Sant is directed to record the statement of the petitioner and hand over a copy of F.I.R. To the petitioner without any delay.

4. Disposed of with the above direction.

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