MUSHTAQ AH MAD vs THE S. H. 0., POLICE STATION, MUNAWAN
This appeal arises from the dismissal of a writ petition seeking a direction to the Station House Officer (S.H.O.) to register a counter-version of a criminal occurrence for which a case under Section 302/307, Pakistan Penal Code 1860 had already been registered against the appellant. The core legal question was whether the police are legally obligated to register a second First Information Report (F.I.R.) when an accused party seeks to present a counter-version of the same incident. The Court held that once a case has been registered regarding an occurrence, no second case can be registered for a counter-version by the accused persons. The Court reasoned that allowing such a practice would lead to an unmanageable multiplicity of F.I.Rs for every crime. The key principle laid down is that the police cannot be directed to register a second F.I.R. for a counter-version of an incident already under investigation; the appropriate legal remedy for the aggrieved party in such circumstances is to file a private complaint before the relevant court.
- Is the police duty-bound to register a second F.I.R. when an accused party presents a counter-version of an occurrence for which a case is already registered?
- Can a court issue a direction to the police to register a second F.I.R. regarding the same criminal occurrence?
- What is the appropriate legal remedy for an accused party wishing to present a counter-version of an incident already under police investigation?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 154, Code of Criminal Procedure 1898
ABDUL SHAKURUL SALAM, J .-The appellant wanted to give a counter-version in respect of an occurrence in which a case under section 302/307, P. P. C. Was registered against the appellant party. The counter-version was that the other side was aggressor. For this purpose he filed Writ Petition No, 1164/84 which has been dismissed by the learned Single Judge. Hence this appeal.
2. Learned counsel for the appellant has contended that since the appellant was giving a counter- version of the occurrence the S. H.O. Was duty bound under section 154, Cr. P. C. To register the case and for his failure a direction should be issued.
3. When a case has been registered in respect of an occurrence, no second case can be registered giving a counter-version thereof by the accused persons. If this were so in each criminal case, there will be one F. I. R. Lodged by the complainant party and another by the accused because it is not likely that any of the accused will not have a counter-version of the allegations made against him in the F. I. R. That would mean that for each crime two F. I. Rs, should be registered. This, of course, is not the law. Learned counsel for the appellant referred to Muhammad Ibrahim v. S.H.O.
Police Station, Mansehra and another . A perusal of the judgment would show that such a direction was declined and the writ petition was dismissed. It is by now clearly established law that no direction can be issued for registration of a case when a F. I. R. Has already been registered in respect of the occurrence for giving counter-version of the other side. The appellant has otherwise an alternate remedy by way of filing a complaint.
4. In view of what has been stated above there is no merit in this appeal and the same is, accordingly, dismissed, in limine. 1
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