ZAHOOR AHMAD Versus S.H.O. P.S. OKARA Waheed-ud-Din Virk , S.H.O. P.S. OKARA

ORDER

Through this application under clause 22 Letters Patent Lahore High Court, Lahore, Zahoor Ahmad petitioner has requested for direction to the S.H.O. B‑Division., Okara City to register F.I.R. against Murid and others under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 466, P.P.C.

2. Learned counsel for the petitioner has relied on P L D 1972 Lah. 493 to contend that the present application is quite competent.

3. I have considered the submissions made by the learned counsel for the petitioner with care. I do not agree with him. Clause 22 Letters Patent Lahore High Court, Lahore may be reproduced advantageously:‑

"22. And we do further ordain that the High Court of Judicature at Lahore shall have power to direct the transfer of any criminal case or appeal from any Court to any other Court of equal or superior jurisdiction, and also to direct the preliminary investigation: or trial of any criminal case by any officer of Court otherwise competent to investigate or try it, though such case belongs in ordinary course to the jurisdiction of some other officer or Court."

The examination of the aforesaid clause reveals that the High Court can direct preliminary investigation of the case or preliminary enquiry by the Court under this clause. Since registration of case under section 154, Cr.P.C. is a condition precedent for preliminary investigation and under clause 22 Letters Patent the High Court Lahore can only direct for preliminary investigation presumable afters, the registration of case, therefore, no direction for the registration of the F.I.R. can be given by this Court in exercise of its powers under clause 22 Letters Patent, Lahore High Court. The case law cited by the learned counsel does not apply to the facts of this case.

For what has been said above, the petition is dismissed.

S.G.D./Z‑55/L Petition dismissed.