SAKINA BIBI vs SESSIONS JUDGE, GUJRAT and 10 others

ORDER

' MUHAMMAD MUZAMMAL KHAN, J.--- Instant constitutional petition seeks a direction to the S.H.O.

Police Station Civil Lines, Gujrat, to register a criminal case against respondents Nos.4 to 11 regarding murder of her son namely Aamir Abbas. She earlier filed an application in this behalf under sections 22-A & 22-B, Cr.P.C. Before the learned Sessions Judge, which was disposed of on 11- 5-2007 directing respondent No,3 to treat statement of the petitioner already recorded under section 161, Cr.P.C. As F.I.R. And to investigate it in accordance with law but she was not satisfied with direction given.

2. Learned counsel for the petitioner assertively argued that local police has joined hands with the culprits and out of this collusion, they have narrated the occurrence in an incorrect manner in the case registered on complaint of one Muhammad Arif, S.-I., Police Post Shaheen, Gujrat, in F.I.R.

No,253, dated 18-3-2007 under sections 302, 148, 149, P.P.C. With Police Station, Civil Lines, Gujrat. It was further emphasized that petitioner's son has been murdered and there is no restriction under law to register a second case against the culprits, hence a clear direction in this behalf should have been issued by the learned Sessions Judge. Petitioner moved an application to respondent No,3 for registration of case which does make out a cognizable offence and it was his legal obligation to register a case instead of recording her statement under section 161, Cr.P.C. In the case already registered. Law regarding registration of second F.I.R. Is firmly settled by this time, as the Honourable Supreme Court after refusal to register the second case by the High Court, directed the police to enter fresh F.I.R. On the basis of version of the widow of the deceased within one week in the case of Mst. Anwar Begurn v. S.H.O. PLD 2005 SC 297. In support of this proposition, reference can also be made to the judgments in the cases of Mrs. Ghanwa Bhutto and another v.

Government of Sindh and another PLD 1997 Kar. 119, Mulazim Hussain Inspector/S.H.O. And another v. Maulana Abdul Jalil PLD 1999 Lah 39, Ibrar Hussain Rizvi Sub Inspector v. Ghazala Aziz and 4 others PLD 1999 Lah. 521, Wajid Ali Khan Durani and others v. Government of Sindh and others 2001 SCM R 1556 and Turabul Hassan v. District Officer Revenue, Toba Tek Singh and 7 others 2006 YLR 61.

3. It appears that police has different version of the occurrence where mother of the deceased claims that her son was murdered by her opponents, as they are already involved in criminal litigation with her and in these circumstances, there appears to be no harm in keeping both these versions on record by registering a fresh case on complaint of the petitioner and it will be open for the trial Court to decide which of the two versions is correct Since pre-registration inquiry/investigation is neither envisaged by section 152, Cr.P.C. Nor has been approved by the apex. Court in the case of Muhammad Bashir v. Station House Officer, Okara Cantt. And others PLD 2007 SC 539, it is hard to contribute to any of the two versions which is also disputed controversy and cannot be resolved in constitutional jurisdiction of this Court. I am alive to the provisions of section 154, Cr.P.C. Whereunder by conveying information, law has to be put into motion only facilitating the Investigating Officer to collect material from the spot and the witnesses for the purposes of bringing the culprits before the Court for their trial. As regards truthfulness or otherwise of the information conveyed under section 154, Cr.P.C. Law has created safeguards in form of section 182, P.P.C. In view of clear language of section 154, Cr.P.C. And the case-law so far developed on the subject, I have no hesitation to hold that respondent No,3 has to register a case on the complaint of the petitioner and to investigate the same in accordance with law.

4. For the reasons noted above, instant petition succeeds and the same is accepted with a direction to respondent No,3 to register a criminal case under section 154, Cr.P.C. On the complaint of the petitioner. There will be no order as to costs.