| Case ID |
037b3afc-6286-45e5-a41a-8876e9df2585 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No 26.08(sic) of 2016 |
| Decision Date |
Oct 18, 2017 |
| Hearing Date |
|
| Decision |
The writ petition was dismissed based on the findings that the police were bound to register a case upon receiving a cognizable offence report. The court found that the Ex-officio Justice of Peace acted correctly by directing the registration of the case against the petitioner, as the allegations constituted a cognizable offence under section 341, P.P.C. The police's failure to register the case was deemed a violation of statutory law. |
| Summary |
This case revolves around the obligations of police officers under the Criminal Procedure Code (V of 1898), particularly concerning the registration of First Information Reports (FIRs). The petitioner challenged the decision of the Justice of Peace, who ordered the registration of a case against him. The petitioner argued that no cognizable offence had occurred, as concluded by the police during their inquiry. The High Court, however, upheld the Justice of Peace's decision, emphasizing that upon receiving information about a cognizable offence, the police had a mandatory duty to register the case and conduct an investigation. This case highlights the critical nature of adhering to legal protocols in the registration of FIRs and the investigative responsibilities of law enforcement. Keywords for SEO: Criminal Procedure Code, FIR registration, High Court decisions, Justice of Peace, cognizable offences. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD SHERAZ KIANI,
TUSEEF AHMED KHAN
|
| Lawyers |
Saqib Ahmed Abbasi
|
| Petitioners |
MOHAMMAD SHERAZ KIANI
|
| Respondents |
3 OTHERS,
JUSTICE OF PEACE/SESSIONS JUDGE BAGH
|
| Citations |
2018 SLD 619,
2018 MLD 275
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
154,
22-A,
22-B
|