Mst. SANA DAUD vs S.H.O. and 3 others

ORDER

SH. HAMAD FAROOQ, J.---Respondent No, 1/S.H.O., Police Station Mughalpura, Lahore, has submitted his parawise comments, wherein, it is mentioned that the occurrence, as alleged by the petitioner, never took place.

2. Syed Pervez Ali Shah, Additional District and Sessions Judge, Lahore, has also submitted his report, wherein it is .mentioned that the application of the present petitioner, filed under sections 22-A and 22-B, Cr.P.C. was dismissed on 29-10-2010 due to non-appearance of the petitioner.

3. Notwithstanding the comments of S.H.O., Police Station Mughalpura, Lahore, the law on the point is very clear as the police cannot embark upon an inquiry in order to verify the truthfulness or otherwise of the allegations levelled in a complaint, which is submitted to the S.H.O. for taking necessary proceedings under section 154, Cr.P.C. The information laid before the S.H.O. is only in respect of the commission of a cognizable offence and not the actual commission of the cognizable offence. It seems that S.H.O. has started the investigation prior to the registration of the F.I.R. as provided under section 154, Cr.P.C. which is not permitted. The police have put a cart before the horse. Hence, the instant petition is being disposed of with a direction to S.H.O., Police Station Mughalpura, Lahore, to record the statement of Mst. Sana Dawood and if the same disclosed commission of a cognizable offence, necessary legal proceedings under section 154, Cr.P .C. shall be initiated.