NADEEM SARWAR vs STATION HOUSE OFFICER, POLICE STATION SADAR, HAFIZABAD and 2 others

ORDER

C.M. 2 of 2000 Dispensation sought for is allowed. Disposed of.

W.P. No,261 of 2000

2. The petitioner is an accused person in case F.I.R. No,466 registered at uPolice Station Sadar, Hafiz Abad on 14-12-1999 for offences under section 322/279, P.P.C. It has been prayed by the petitioner through the present petition that section 322, P.P.C., may be ordered to be deleted from the said F.I.R., as the same is not attracted to the facts alleged in the F.I.R. At the outset I must observe that this petition is diabolically misconceived to this extent. Controlling the insertion or deletion of a section of a penal Statute in column No,3 of an F.I.R., is surely not a function of this Court while exercising its writ jurisdiction under Article 199 of the Constitution. All that is required in a situation and at the stage like the one in the present case is that the petitioner is to convince the Investigating Officer of the case that a certain provision invoked in the F.I.R., may not be pressed against him as the same is not attracted to the allegations contained in the narrative part of the F.I.R. The real F.I.R., is the narrative part of the F.I.R., and not columns Nos.1 to 5 thereof which are to be filled in by a Moharrir or other police official. A similar objection can surely be raised by the petitioner not only before the Investigating Officer but also before the Court dealing with his bail application or holding his trial. This petition calls for no occasion by this Court to interfere in the matter at such a stage.

3. Another grievance voiced by the petitioner in the present petition is that the Investigating Officer of the abovementioned criminal case, respondent No,1 herein, is not associating the petitioner with the investigation of the said case. Although I have remained unconvinced of such an assertion by the petitioner but for the benefit of all concerned it is hereby observed that it is a statutory duty of every Investigating Officer of a criminal case to associate the accused person with the investigation and also to record his version of the incident in question. I have no doubt in my mind that if the petitioner approaches respondent No,1 in this regard then respondent No,1 shall associate him with the investigation of the abovementioned criminal case and shall also record his version of the incident.

4. With the observations made above this writ petition is hereby disposed of.

C.M. 1 of 2000.

5. As the main writ petition has been disposed of by this Court today, therefore, the present application seeking interim relief has lost its relevance. Disposed of.