This order will dispose of the above mentioned petition, wherein the following relief has been sought: "It is, therefore, accordingly prayed that impugned order dated 12-09-2009 passed by Respondent No, 1 may kindly be set aside in the interest of justice."
2. Petitioner, Liaquat Ali son of Mir Hassan, has filed this petition under Section 561-A of the, Cr.P.C. for setting aside the order dated 12.9.2009 passed by the Sessions Judge, Dera Allah Yar, whereby SHO Police Station, Hamid Pur was directed to lodge FIR against the petitioner, regarding the death of one Atta Muhammad son of Meer Ahmed, caste Bugti, on the basis of medical certificate issued by the Medical Officer, District Headquarter Hospital, Dera Allah Yar.
3. Learned counsel for the petitioner contended that the alleged offence took place on 10-08-2009, while application under Section 22-A of the, Cr.P.C. was instituted on 13-08-2009 after unexplained delay, that too, on the basis of false and bogus medical certificate issued by the Medical Officer, DHQ Hospital, Dera Allah Yar. He further contended that the petitioner has falsely been implicated in the instant case on the basis of longstanding previous enmity between the parties and, lastly, prayed for quashment of the FIR, lodged against the petitioner, on the basis of impugned order.
4. Learned Additional Prosecutor General, assisted by the complainant's counsel, vehemently opposed the petition and contended that before approaching this Court, the petitioner should have firstly approached the trial Court for redressal of his grievance. He further contended that the trial Court has rightly ordered the lodging of the FIR on the basis of medical certificate and, lastly, prayed for dismissal of the petition.
5. I have considered the contentions, raised by the parties' counsel, and have perused the record. It may be noted that the petitioner has directly moved before this Court instead of approaching the trial Court at first instance, without any cogent reasons or extraordinary circumstances. The record indicates that after the alleged incident, an application for registration of the FIR was submitted before Respondent No, 2, who refused to register the case, in violation of Section 154 of the, Cr.P.C., therefore, Respondent No, 3, Mst. Dhano wife of Ali Muhammad, approached the Sessions Judge, Dera Allah Yar, by moving an application under Section 2 2-A of the, Cr.P.C., who proceeded to direct Respondent No, 2 for lodging of FIR vide impugned order.
6. Apart from merit of the case, I am of the considered view that if there is an information relating to the commission of a cognizable offence, it falls under the provisions of Section 154 of the, Cr.P.C. and a police officer is under statutory obligation to enter it in the prescribed register. The condition precedent is simply two-fold: first, it must be an information and, secondly, it must relates to a cognizable offence on the face of it. A police officer is duty bound to receive a complaint when it is preferred to him or where the commission of an offence is reported to him.
7. So far as the contention of learned counsel for the petitioner regarding the contents and authenticity of medical certificate is concerned, it has no legs to stand, as Section 182 of the, Cr.P.C. furnishes a complete answer to the said contention. The Investigating Officer would be at liberty to investigate the version of both the sides. Needles to add here that if, after investigating the case, the version of Respondent No, 3 is found false, the Investigating Officer would be at liberty to proceed against her as provided under Section 182 of the, Cr.P.C.
For the discussion made hereinabove, I am of the view that impugned order does not suffer from any illegality or infirmity, warranting interference of this Court. Petition dismissed.