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2002 MLD 1181

Mst. KAUSAR and another vs SUPERINTENDENT OF POLICE, BHAKKAR and

Citation2002 MLD 1181
CourtLahore High Court
Case No.Writ Petition No,3325 of 2001
Date2001-03-15
Judge(s)Zafar Pasha Ch.
ResultWrit petition dismissed

ORDER

' Through this writ petition, it has been prayed that by declaring the registration and investigation of case F.I.R. No,8/2001, dated 21-2-2001 registered with Police Station Jandanwala, District Bhakkar, being false, malicious and without lawful authority, the same may please be declared to be illegal and set aside in the interest of justice.

2. With the help of the learned counsel, I have gone through the contents of the F.I.R. Again. The gist of the allegation contained therein is that Abdul Majid petitioner No,2 developed illicit relations with the complainant's daughter Mst. Kausar Bibi, and thereafter she was abducted who had already been married according to Islamic Law with Sana Ullah. According to learned counsel, since she was consenting party, therefore, no offence is constituted. On a straight question by the Court whether elopement of a married woman with the stranger does constitute an offence or not? The learned counsel concedes that the offence is constituted but the contents of the F.I.R. Are false and they are being contradicted with the documentary evidence. Before registration of the case, no police officer is required to hold investigation and if the law has to be laid down that before recording an F.I.R., investigation should be conducted and truth or falsehood of the information may be determined then the same would be directly in conflict with the provisions of section 154, Cr.P.C. If any information discloses commission of a cognizable offence, the police officer is under a legal obligation to register the case as per provisions of section 154, Cr.P.C. If a false F.I.R. Is lodged, the law has taken care of the same by enacting section 182, P.P.C. Which makes any false information to any police officer punishable. This petition praying for issuance of writ declaring the F.I.R. As illegal is totally misconceived. The same is without any merit and is hereby dismissed.

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