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1996 P Cr. L J 296

IMDAD HUSSAIN vs P.O. SINDH and others

Citation1996 P Cr. L J 296
CourtSindh High Court
Case No.Constitutional Petition No,D-121 of 1995
Date1995-09-27
Judge(s)Abdul Majeed Khanzada, Shah Nawaz A. Awan
ResultPetition dismissed

ORDER

1. ' ABDUL MAJID KHANZADA, J.--- This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan of 1973 has been filed by one Imdad Hussain, praying therein that the respondent No,3 or 4 i,e, S.H.O. Ratodero Police Station of Inspector C.IA., Larkana respectively be directed to register his second F.I.R. And investigate it in accordance with law.

2. ' Mr. Ghulam Qadir Jatoi, Advocate for the petitioner, contended that one Aligul and Mujahid were murdered and the petitioner lodged F.I.R. No,88/95 at Police Station Ratodero on 24-6-1995 when he came to know of the murder of his uncle Aligul. His grievance is that since the S.H.O. Ratodero was one of the culprits, he did not record the correct and complete version of the complainant in the above F.I.R., in order to give protection to real culprits. So he wants that above direction be given to the abovesaid authorities to register second F.I.R. Of the petitioner in respect of the same incident.

3. ' Mr. Jatoi argued that there is no embargo on registration of the second F.I.R. Of the same offence.

4. He relied upon the cases reported in 1995 PCr.LJ 1239 and 1989 PCr.LJ 1945.

5. ' Mr. Muhammad Bachal Tunio, AA.-G. Opposed the request of the petitioner and argued that since the F.I.R. Of the crime is already registered and in case he is not satisfied with the contents of the F.I.R. Or the investigation, he may file a direct complaint, which is an adequate remedy available to him.

6. We have applied our mind to the circumstances of the case and the law cited before us, and we are of the considered view that once a case is registered in respect of an offence, then ordinarily registration of a second F.I.R. Notwithstanding divergent version contained therein, is not called for, inasmuch as the ball has already been set rolling and police is under a statutory duty to trace the real culprits after proper investigation in accordance with law. Reference is made to a case, Dilbar Hussain and others v. Riasat Javed Bajwa, S.H.O., Ferozewala and others reported in 1994 M LD 1736.

7. ' In view of the above circumstances, we do not find any force in the instant petition as such it is dismissed in limine.

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