| Case ID |
2e3ef4a7-c790-4a20-9c1d-c079efe09d9f |
| Body |
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| Case Number |
Writ Petition No.75 of 2007 |
| Decision Date |
Apr 11, 2008 |
| Hearing Date |
|
| Decision |
The High Court directed the police officials to register the FIR in accordance with the application submitted by the petitioner, Ghulam Mustafa. The court emphasized that the police have a statutory obligation to register complaints regarding cognizable offences and to investigate them accordingly. The refusal to register the FIR was deemed unlawful, and the court underscored the importance of protecting the rights of individuals in the face of police inaction. The judgment reinforces the principle that every citizen has the right to seek justice through lawful channels, and the court must intervene when such rights are violated. |
| Summary |
In the case of Ghulam Mustafa vs. S.H.O. City Police Station, Athmuqam, the petitioner sought justice after the police failed to register a First Information Report (FIR) regarding the murder of his grandson. The High Court of AJ&K emphasized the statutory duty of police officers to register complaints for cognizable offences and investigate them. The court found that the police acted with mala fide intention by not registering the FIR despite clear evidence of a cognizable offence. The decision reinforces the legal principle that individuals have the right to seek registration of FIRs and that the courts can intervene when police fail to perform their duties. Key legal provisions from the Criminal Procedure Code were discussed, highlighting the importance of timely and lawful police action in upholding justice. This case exemplifies the critical role of the judiciary in safeguarding citizens' rights against arbitrary police conduct. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Rafiullah Sultani
|
| Lawyers |
Mir Sharafat Hussain,
Hazoor Imam Kazmi,
Sardar Abdus Sami Khan
|
| Petitioners |
Ghulam Mustafa
|
| Respondents |
9 others,
S.H.O. City Police Station, Athmuqam
|
| Citations |
2008 SLD 6962,
2008 PCRLJ 986
|
| Other Citations |
1985 PCr.LJ 1081,
1999 PCr.LJ 1645,
PLD 1997 Lah. 135,
1994 PCr.LJ 798,
2001 SCMR 424,
2004 PCr.LJ 880,
1979 SCMR 484,
2002 MLD 1250,
PLD 1971 SC 677,
PLD 1972 Lah. 493,
PLJ 1975 Cr.C. 368
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
154,
164,
157,
44
|