1. ' NISAR MUHAMMAD SHAIKH, J.---This Criminal. Miscellaneous Application under section 561-A, Cr.P.C, filed by Fazal Muhammad on 26-10-2009, was disposed of by this Court vide order dated 2- 7-2010, the relevant portion of which reads as under:-- "I have considered the submissions advanced at the bar, I am inclined to agree with the learned counsel for the applicant as it is the right of every citizen if from the facts a cognizable offence is made out then statement should be incorporated in 154, Cr.P.C. And it is for the police to investigate the case and if the information found to be false and fictitious then law provides punishment for such submissions of false information. Consequently, respondent No,1 is directed to record the statement of the applicant, if any cognizable offence is made out his statement may be incorporated in section 154, Cr.P.C. Book. In case no offence at all made out he shall record his reasons in writing and supply copy to the applicant.
2. ' With the above observation this application is disposed of."
3. ' The applicant has now moved two applications. One M.A. No,2634 of 2010 with the prayer to register the F.I.R. Against the respondent No,1 as the respondent No .1/S.H.O. Police Station Baberloi has committed the offence under the provisions of Police Order, 2002 and violated the provisions of section 154, Cr.P.C. In his another application being M.A 2635 of 2010, the applicant has prayed to initiate the contempt proceedings against the alleged contemner named above and punish him according to law as he has violated the order of this Court dated 2-7-2010.
4. ' The respondent No,1 in response to the notice issued on above two applications has filed his statement in detail. The relevant Para No,7 of which is as under:-- "(7) That section 24.4. Of Police Rules provides that if the information or other intelligence relating to the alleged commission of a cognizable offence, is such that an-officer in charge of a police station has reason to suspect that the alleged offence has not been committed, he shall enter the substance of the information or intelligence in the station diary and shall record his reasons for suspecting that the alleged offence has not been committed and shall also notify to the information, if any, the fact that he will not investigate the case or cause it to be investigated."
5. ' The learned counsel for the applicant in support of his contentions has relied upon the cases reported in PLD 2005 SC 539 relevant page 552; 2010 PCr.LJ 982 and PLD 2005 Karachi 285.
6. ' During the course of arguments, it has been admitted by learned counsel for the parties that there is long enmity between the parties and therefore, the parties have been filing cases against each other. However, the respondent No,1 being S.H.O. Of the concerned Police Station could not nevertheless, be allowed to violate the mandatory provisions of law i.e, Section 154, Cr.P.C. And he appears to have taken interest in the matter, just like a witness or party etc. And therefore, he lodged a N.C. Report instead of an F.I.R., concluding the case/report as false. Accordingly he appears to have escaped of his liability tixed under law.
7. ' Considering the facts and circumstances of the case, the present S.H.O. Police Station Baberloi is directed to record the fresh statement of the applicant in verbatim and in case cognizable offence is made out A from such statement, register F.I.R. Of the applicant in accordance with law. But in case such F.I.R., so registered, is found false during investigation, then action may be taken against the applicant/complainant in accordance with law. However, the present S.H.O. Police Station Baberloi shall not arrest any of the nominated accused unless he collect the tangible evidence. At the same time, the D.P.O. Khairpur is directed to conduct enquiry against respondent No,1/Pir Ali Shah, the then S.H.O. Police Station Baberloi and take action against him in accordance with law and compliance be sent to this court.
8. ' The listed applications stand disposed of in the above terms.