Haji MUHAMMAD QASIM and another vs MUHAMMAD JAHANGIR KHAN and another
This criminal revision petition arose from a private complaint filed against police officials under Article 155 of the Police Order, 2002, alleging that the petitioners had mala fide declared three accused persons innocent in a murder case registered under Section 302/34, Pakistan Penal Code 1860. The core legal question was whether a private complaint against police officers for alleged misconduct in investigation is maintainable under Article 155 of the Police Order, 2002, given the statutory requirements for prosecution. The Court held that the complaint was not maintainable. It observed that the deceased sustained only one firearm injury attributed to an absconding accused, and the three accused declared innocent were not linked to any specific injury. Crucially, the Court determined that sub-Article (2) of Article 155 of the Police Order, 2002, acts as a statutory bar to private complaints, mandating that prosecution under this Article requires a report in writing by an officer authorized under the rules. Consequently, the Court allowed the revision petition, set aside the summoning order, and quashed the proceedings against the petitioners.
- Is a private complaint maintainable against police officers under Article 155 of the Police Order, 2002?
- Does sub-Article (2) of Article 155 of the Police Order, 2002, bar the filing of a private complaint against police officials?
- What is the requirement for initiating a prosecution under Article 155 of the Police Order, 2002?
- Article 155, Police Order 2002
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' KHAWAJA MUHAMMAD SHARIF, J.-In continuation of my earlier order dated 4-9-2007, learned counsel for the respondent submits that prima facie a case under Article 155 of the Police Order, 2002 is made out against the petitioners because they, with their mala fide intention, had declared imiocent three accused persons and consequently had destroyed the case of the complainant/respondent and this revision petition may be dismissed.
2. Heard. Relevant facts of the case are that on the statement of respondent Jahangir a case vide F.I.R. No,247/2006 dated 8-4-2006 under section 302/34, P.P.C. Was registered at Police Station Bhikhi, Sheikhupura against four persons qua the murder of his son Saleemullah, namely, Hassaii, Sakhawat, Nazir and Nasir with the allegation that accused Hassan had fired a shot which hit Saleemullah who died as a result of the said fire, as. Far as other three accused are concerned, they had allegedly made ineffective firing and raised Lalkaras, after investigation three accused (except Hassan Khan) were declared imiocent, while, according to learned counsel for the complainant, the said Hassan Khan is still absconder. Complainant filed a complaint against the present petitioners under Article 155 of the Police Order, 2002 in which preliminary evidence was recorded and they were accordingly summoned. I have gone through the preliminary evidence, F.I.R. And other documents produced before this Court by the parties. I have noticed that no injury was attributed to the three accused persons who were declared innocent. The deceased received only one fire-arm injury which was attributed to absconder Hassaii Khan. As far as proceedings under section 155 of the Police Order, 2002 against the petitioners are. Concerned, in my considered opinion, if, after recording of evidence in the main murder case, the learned trial Court comes to the conclusion that the petitioners had declared the said three accused persons innocent with mala fide intention or with some ulterior motive, then, it can order for prosecution under Article 155 of the Police Order, 2002. Even, in myT view, sub-Article (2) to Article 155 of the Police Order, 2002 is a bar on filing a private complaint. It reads as under :- "(2) Prosecution under this Article shall require a report on writing by an officer authorized in this behalf under the rules."
3. After having gone through the above provision of the Police Order, 2002, the learned Additional Advocate-General Punjab Ch. Muhammad Hanif Khatana is in agreement with my view and submits that during the existence of sub-Article (2) of Article 155 of the Police Order, 2002, complaint filed against the petitioners, in which they have been summoned, is not maintainable. In view of the above, this revision petition is allowed, the impugned order is set aside and the complaint filed under Article 155 of the Police Order, 2002, and is pending trial against the petitioners before the learned Additional Session's Judge Sheikhupura, is hereby quashed to the extent of the petitioners.