PLD 2023 Lahore 512
Criminal Procedure Code 1898 ---
-Ss . 491 & 497 --- Constitution of Pakistan , Art . 199 --- Petition(s) before the High Court --- Relief(s) sought from the High Court in petition (s) [of bail/harassment/habeas corpus etc.] moved by a petitioner/accused --- Criminal history of such petitioner/accused , submission of --- Scope and effect --- Non - mentioning of criminal cases (s) in which acquittal of the accused was already secured --- Held , that the it was common practice of police to produce a list of criminal cases registered against the petitioner , knocking at the door of the High Court for relief , during the adjudication of petitions pertaining to bail , harassment and habeas corpus etc .--- It was done with the purpose of establishing criminal antecedents of the petitioner / accused seeking relief from the Court --- Previous criminal history had , sometimes , profound impact and was often considered by the Court (s) while granting bail , which was a relief discretionary in nature or other relief ted in equity --- High Court observed that , more than often , criminal history of a petitioner was placed on the record which contained a number of cases in which he had already earned acquittal --- Criminal history must only reflect the cases where the petitioner/accused was convicted , including the suspended sentences and all pending FIRS wherein he stood arraigned as an accused --- Whereas cases resulting in acquittal or discharge , and FIRs having been quashed or withdrawn , could not be enlisted against the accused --- Report submitted by concerned Police Officer stated that in order to computerize the record of a criminal case , Police Station Record Management System ( PSRMS ) had been developed , in which all FIRs and their data related data was saved , including the final fate of a criminal case ; that all police stations in the Province had been connected with the said system ; instructions had been issued to all District Heads of Punjab Police to upgrade the record of all accused after the decision of the Court and a monthly review would be conducted ; that all record having been duly entered into PSRMS would be produced before the High Court after having duly been verified by the DSP Legal at District level --- After the digitalization of the entire police record , obtaining an accurate criminal history of any person would be just a ' click ' away --- Mentioning of any case in criminal history list in which acquittal had been secured by a petitioner/accused , being irrelevant , was violative of his fundamental rights and was an attempt to prejudice the mind of the Court through misrepresentation --- Practice of submitting only a list of criminal case (s) registered against the petitioner/accused without the final fate or present status of such case (s) was deprecated by the High Court --- High Court issued directions for submission of criminal history of the petitioner/accused before the High Court with the same ( list/history ) showing true and updated status ( pending or having been decided by the Trial Court ) of criminal case (s) after having entered into police register as well as PSRMS with co - ordination of all concerned at police hierarchy ---
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