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2001 YLR 1431

GHULAM HUSSAIN vs S.H.O., POLICE STATION, RANIPUR and others

Citation2001 YLR 1431
CourtSindh High Court
Case No.Constitutional Petition No,S-652 of 2001
Date2001-07-06
Judge(s)Syed Ali Aslam Jafri
ResultOrder accordingly

ORDER

1. ' Mr. Mumtaz Ali Siddiqui seeks permission to file his Vakalatnama and an application under Order 1, Rule 10, C.P.C. For impleading the persons namely Ghulam Kadir, Pervez Ahmed and Ghulam Sarwar as party in this petition on the plea that the contents of the petition are incorrect and his clients have recorded proof with them, that they are prey to enmity.

2. ' Statement has been filed by S.H.O. Police Station Ranipur that the petitioner has never approached him for registration of the F.I.R. And that in case he shall appear at the police station, his statement shall be recorded and if a cognizable offence is made out the F.I.R. Shall be registered and further proceedings would be made under the law.

3. ' Mr. Imdad Ali Awan states that he is satisfied with the statement and as such does not press the petition under the circumstances and in view of the statement made by the S.H.O. And the learned counsel for the petitioner this petition is dismissed as not pressed alongwith pending applications.

4. ' However, before parting with this order, I would like to observe that registration of F.I.R. Is the duty of a police official in case of a cognizable offence, however, it does not give a licence to him to immediately arrest the persons even after registration of the case unless there are very strong grounds and compelling circumstances because necessary statements are to be recorded apart from other usual steps towards investigation in order to ascertain the truth of the allegations. At one hand it is necessary to register the F.I.R. In a cognizable offence but on the other hand it is also the duty of the police officer as a custodian of law to see that no harassment or humiliation is caused to the innocent persons and the act of filing baseless and false F.I.R. Is not used as a mechanism for setting personal scores. Orders accordingly.

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