| Case ID |
027f7362-b4ea-4aae-9fb4-cb5243e8d254 |
| Body |
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| Case Number |
Writ Petition No. 7133 of 2009 |
| Decision Date |
Oct 02, 2009 |
| Hearing Date |
|
| Decision |
The High Court directed the Station House Officer (S.H.O.) of Police Station Sadar Burewala to record the statement of the petitioner under section 154 of the Criminal Procedure Code (Cr.P.C.) and to hand over a copy of the First Information Report (F.I.R.) to the petitioner without any delay. The court emphasized that the S.H.O. was bound to record the statement before initiating an investigation under section 157, Cr.P.C. The court found that the prior actions of the S.H.O. were in violation of the law, as it mandated the registration of an F.I.R. in cognizable offences. This decision reinforced the procedural requirements laid out in the Criminal Procedure Code and clarified the duties of police officers regarding the registration of complaints. |
| Summary |
In the case of Writ Petition No. 7133 of 2009, the Lahore High Court addressed the procedural obligations of police officers regarding the registration of criminal cases. The petitioner, Hafiz Abdul Rehman Ansari, sought a direction to the S.H.O. of Police Station Sadar Burewala to record his statement under section 154 of the Criminal Procedure Code (Cr.P.C.) after being denied this by the police. The court found that the S.H.O. had improperly initiated an investigation without recording the necessary statement, which is a violation of the mandated procedures. The court's ruling emphasized the importance of adhering to legal protocols in criminal proceedings, particularly the necessity of registering an F.I.R. for cognizable offences as outlined in sections 154 and 157 of the Cr.P.C. This case highlights the intersection of procedural law and the rights of individuals seeking justice from law enforcement agencies. Keywords such as 'Criminal Procedure Code', 'F.I.R. registration', 'police duties', and 'legal protocols' are crucial for understanding the implications of this ruling and its relevance in the context of criminal law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Hafiz Abdul Rehman Ansari,
Muhammad Aslam
|
| Lawyers |
Irfan Haider Shamsi
|
| Petitioners |
Hafiz Abdul Rehman Ansari
|
| Respondents |
Justice of Peace/Additional Sessions Judge, Burewala, District Vehari,
Irfan Haider Shamsi
|
| Citations |
2010 SLD 2777,
2010 PCRLJ 296
|
| Other Citations |
PLD 1977 Lah. 424,
2006 PCr.LJ 622,
1993 SCMR 550,
Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
22-A,
154,
157,
199
|