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1995 MLD 372

ISLAMUDDIN vs P.O. SINDH And Other

Citation1995 MLD 372
CourtSindh High Court
Case No.C.P. No.D-84; Civil Miscellaneous Applications Nos.1835, 1836 and 1837 of
Date1994-10-04
Judge(s)Wajihuddin Ahmed, Ghulam Haider Lakho
ResultPetition dismissed

ORDER

1. WAJIHUDDIN AHMED, J: --Granted."-

2. Exemption is allowed but subject to all just exceptions.

3. This is an application by the respondents Nos.3 to 5 seeking review of the order, dated 27-9-1994, which was in the following terms:--- "The learned A.A: G. Has stated that in the event the petitioner contacts the relevant personnel at Police Station `B', Section Sukkur and makes a statement, verbal or in writing, satisfying the requirements of section 154, Cr.P.C. Due action under the law would follow. This satisfies the learned counsel for the petitioner."

Review is sought on the ground that no notices were issued to the respondents Nos.3 to 5 even though they were impleaded as parties and an opportunity of hearing was thus denied to them.

Merits of the petitioner's case are also disputed.

The respondents Nos.3 to 5 were neither necessary nor proper parties in a case, where the petitioner had merely sought compliance of the requirements of section 154, Cr.P.C. From specified Police Officers. No notices, therefore, were ordered to be issued to such respondents nor any order adverse to them has been passed.

We are afraid that none of these reservations can be entertained at this stage of the proceedings.

When an F.I.R. Is registered no prior notice is expected to be given to the accused cited. Likewise, none is necessary when a petition is filed, complaining of non-compliance of the mandate in section 154, Cr.P.C. By the, concerned Police Officer: Ghulam Hussain v. Sirajul Haque 1987 PCr.LJ 1214 and Dilbar Hussain v. Riasat Jawed Bajwa 1994 M LD 1736.

Besides, when an information relating to the commission of a cognizable offence is laid before an officer-in-charge of a police station, substance thereof is to be entered in a book maintained in a prescribed form.

Lastly, it is contended by Mr. Channa, for the respondents Nos.3--5, that no time was fixed by us on 27-9-1994 for the appearance and making of the statement by the petitioner before the police functionaries in terms contemplated by section 154, Cr.P.C. And thus a veritable sword of Democles hangs on the heads of the respondents Nos.3 to 5. If the petitioner opts to apply I at a time of his own choice for doing the needful with ulterior motives to cause harassment to the said respondents. Again, we cannot prescribe any time limit under the concept of section 154. Cr.P.C, because limitation is totally foreign to the doctrine of initiation of criminal proceedings, though delay, if any, may ultimately reflect on merits.

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