| Case ID |
2aebe2ce-6646-4663-af46-9f8fc594344e |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 480 of 2007 |
| Decision Date |
Feb 15, 2007 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petition filed by Sabin Bibi for the registration of a second FIR against Ahmad Yar and others. The court found that the petitioner had established a valid case for the registration of the second FIR, despite the initial refusal by the Station House Officer (SHO). The court emphasized that the legal obligation of the SHO to record the statement of the petitioner must be fulfilled in accordance with the law. This decision was made considering the facts that the petitioner, along with her sisters, is a legal heir of the deceased Mst. Jannat Bibi, and the allegations of murder against Ahmad Yar and others were substantiated by sufficient evidence. The court directed the SHO to register the second FIR based on the petitioner's statement and proceed strictly according to the law. |
| Summary |
In the case of W.P. No. 480 of 2007, the Lahore High Court addressed the issue of the registration of a second FIR under Article 199 of the Constitution of Pakistan and Section 22-A of the Criminal Procedure Code. The petitioner, Sabin Bibi, sought justice after the SHO refused to record her statement regarding the alleged murder of her cousin, Mst. Jannat Bibi, by Ahmad Yar and others. The court highlighted the importance of fair legal processes and the necessity for law enforcement to fulfill their responsibilities. The ruling underscores the court's commitment to uphold the rights of individuals seeking justice, particularly in cases involving serious allegations such as murder. The decision reinforces the notion that a second FIR may be warranted when the new allegations present a different version of events that is not merely an extension of the first FIR. This case serves as a significant reference point for similar future cases involving the registration of FIRs and the interpretation of legal obligations by law enforcement agencies. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IQBAL HAMEED-UR-REHMAN, J.
|
| Lawyers |
Sh. Usman Hameed Khan, Advocate for Petitioner,
Mr. Zafar Ullah Khan Khakwani, A.A.G. for Responent No. 1,
Syed Mohtashamul Haq Pirzada, Advocate for Respondent No. 2
|
| Petitioners |
SABIN BIBI
|
| Respondents |
Sh. Usman Hameed Khan,
Mr. Zafar Ullah Khan Khakwani,
Syed Mohtashamul Haq Pirzada,
SHO Responent,
Ahmad Yar
|
| Citations |
2007 SLD 3138,
2007 PLJ 623
|
| Other Citations |
PLD 2005 SC 297,
PLD 1997 Kar. 119
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
22-A
|