Order 6 Rule 17--Refusal of Police to register F.I.R.‑‑­Remedy‑‑‑Sessions Judge as Ex Officio Justice of Peace and Magistrate in exercise of powers conferred .............

 Order 6 Rule 17

CPC.... Amendment in pleading..... Allowed

SCMR 2018 page 82

Refusal of Police to register F.I.R.‑‑­Remedy‑‑‑Sessions Judge as Ex Officio Justice of Peace and Magistrate in exercise of powers conferred upon them under Ss.22‑A(6) & 156(3), Cr.P.C. respectively could direct police to register F.I.R. on receipt of complaint that Police had refused to register F.I.R.‑‑‑Complainant also could file direct complaint under S.200, Cr. P. C.‑

‑‑Art.199‑‑‑Constitutional jurisdiction, exercise of‑‑‑If an adequate remedy was available under relevant law then jurisdiction of High Court as provided under Art. 199 of the Constitution could not be invoked.

Muhammad Naseem Khan v. Government 1990 CLC 1693; Gaman v. S.H.O., Datar Dino, Police Station New Paujdari, Shikarpur 1993 PCr.LJ 1286; Mrs. Ghanwa Bhutto v. Government of Sindh PLD 1997 Kar.119; Jamshed Khan v. Government of Sindh 1999 PCr.LJ 512; Mst. Malka Jan v. Inspector General of Police, N.‑W.F.P., Peshawar 2000 PCr.LJ 320; Mazhar Hussain Naqvi v. Zafar PLD 2001 Kar. 269; Ghulam Muhammad Shalgiri v. S.H.O., Shahdadkot 2002 MLD 1898; Muhammad Yousaf v. Dr, Madad Ali alias Gulab Laskani PLD 2002 Kar. 328; Ghulam Hussain Jeelani v, Government of Sindh PLD 2001 Kar 169: Hazoor Bakhsh v. Senior Superintendent of Police, Rahim Yar Khan PLD 1999 Lah. 417; Muhammad Ali v. The S.H.O., Police Station Aziz Bhatti SBLR 2002 Sindh 1490: Chief Administrative of Okaf v. Muhammad Ramzan PLD 1994 SC 102; Abdul Rehman v. Meer Ahmed PLD 1987 SC 21; Allah Bux v. Muhammad Ismail 1987 SCMR 810 and Anjuman‑e‑Ahmadiya, Sargodha v. The Deputy Commissioner, Sargodha PLD 1966 SC 639 ref.

(b) Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑‑S. 154‑‑‑Penal Code, (XLV of 1860), S.166‑‑‑Information to Police in cognizable cases‑‑‑Provisions of S.154, Cr. P. C. were mandatory in nature which directed that the Police Officer should register F.I.R. and such officer violated said direction, he would expose himself to prosecution under S.166, P.P.C.

Mazher Hussain v. Zafar PLD 2001 Kar. 269 ref.

(c) Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑S.200‑‑‑Lodging of direct complaint‑‑‑If a direct complaint was lodged before the, Magistrate under S. 200, Cr. P. C. than under subsection (1) of S.202, Cr.P.C., Magistrate was empowered to direct the Police to investigate the case and in such event the Investigating Officer of Police was authorized to exercise all powers available to him in the Criminal Procedure Code for investigating the case including the power to arrest the accused persons.

Mrs. Ghanwa Bhutto v. The Government of Sindh PLD 1977 Kar.119 and Inayat‑ur‑Rehman v. Assistant Commissioner PLD 1992 Pesh. 138 ref.

(d) Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑‑S.22‑A(6) [as amended by Code of Criminal Procedure (Third Amendment) Ordinance (CXXXI of 2002)]‑‑‑Sessions Judge as an Ex Officio Justice of Peace‑‑‑Power to issue appropriate directions to Police Authorities‑‑‑After insertion of subsection (6) to S.22‑A, Cr. P. C. a Sessions Judge who was an Ex Officio Justice of Peace, could issue appropriate directions to the Police Authorities concerned on the complaint of non‑registration of F.I.R., by directing them to register F.I.R. if cognizable offence was found to have been committed.

(e) Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑‑Ss.22‑A(6), 154, 156(3) & 200‑‑‑Refusal of Police to register F.I.R.‑‑‑Remedy‑‑‑If Police would refuse to register F.I.R. then aggrieved party would have adequate remedy; either by approaching Sessions Judge who was Ex Officio Justice of Peace for exercise of powers under S. 22‑A (6), Cr. P C., or by approaching the Magistrate for exercise of power under S.156(3), Cr.P.C. or by filing a direct complaint under S. 200, Cr. P. C.

(f) Constitution of Pakistan (1973)‑‑‑

‑‑‑‑Art.199‑‑‑Criminal Procedure Code (V of 1898), Ss. 22‑A(6), 156(3) & 200‑‑­Constitutional petition‑‑‑Maintainability‑‑­Refusal of Police to register F.I.R.‑‑­Remedy‑‑‑Sessions Judge as Ex Officio Justice of Peace and Magistrate in exercise of powers conferred upon them under Ss.22‑A(6) & 156(3), Cr.P.C. respectively could direct police to register F.I.R. on receipt of complaint that Police had refused to register F.I.R.‑‑‑Complainant also could file direct complaint under S.200, Cr. P. C.‑‑‑Such alternate adequate remedies being available to the petitioner, provisions of Art. 199 of Constitution of Pakistan (1973) could not be invoked.

Muhammad Yousuf v. Madad All PLD 2002 Kar. 328; Muhammad Ali v. S.H.O., Police Station Aziz Bhatti SBLR 2002 p. 1490; 1979 SCMR 112 and Hazoor Bux v. S.S.P. PLD 1999 Lah. 417 ref.

2003 Y L R 1316

[Karachi]

Before Rahmat Hussain Jafferi, J

MOULA BUX alias MOULEDINO‑‑‑Petitioner

Versus

S.H.O. POLICE STATION HATRI GHULAM SHAH and 2 others‑