Haji MUHAMMAD QASIM and another vs MUHAMMAD JAHANGIR KHAN and another
This criminal revision petition challenges the summoning order and maintenance of a private complaint filed against the petitioners under Section 155 of the Police Order, 2002, alleging that they had mala fide declared three accused persons innocent during the investigation of a murder case registered under Section 302/34 of the Pakistan Penal Code 1860. The core legal question was whether a private complaint under Section 155 of the Police Order, 2002 is maintainable without a written report by an authorized officer, and whether prosecution for declaring accused innocent should await the conclusion of the main trial. The Lahore High Court held that sub-section (2) of Section 155 of the Police Order, 2002 explicitly bars direct private complaints as prosecution requires a written report by an authorized officer, and that the question of mala fide investigation should be determined by the trial court upon the conclusion of the main murder trial. Consequently, the revision petition was allowed and the impugned complaint was quashed.
- Whether a private complaint under Section 155 of the Police Order, 2002 is maintainable without a written report by an authorized officer?
- Can a trial court order prosecution under Section 155 of the Police Order, 2002 after the conclusion of evidence in the main case?
- Does sub-section (2) of Section 155 of the Police Order, 2002 act as a bar on the filing of private complaints?
- Section 155, Police Order 2002
- Section 155(2), Police Order 2002
- Section 302/34, Pakistan Penal Code 1860
ORDER
In continuation of my earlier order dated 4.9.2007, learned counsel for the respondent submits that prima facie a case under Section 155 of the Police Order, 2002 is made out against the petitioners because they, with their mala fide intention, had declared innocent 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 ease vide FIR No, 247/2006 dated 8.4.2006 under Section 302/34 PPC was registered at Police Station Bhikhi, Sheikhupura against four persons qua the murder of his son Saleemullah, namely, Hassan, 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 innocent, while, according to a learned counsel for the complainant, the said Hassan Khan is still 'absconder. Complainant filed a complaint against the present petitioners under Section 155 of the Police Order, 2002 which preliminary evidence was recorded and they were accordingly summoned. I have gone through the preliminary evidence, FIR 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 Hassan 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 Section 155 of the Police Order, 2002. Even, in my view, sub-section (2) to Section 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-section (2) of Section 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 Section 155 of the Police Order, 2002 and is pending trial against the petitioners before the learned Additional Sessions Judge Sheikhupura, is hereby quashed to the extent of the petitioners.