| Case ID |
3ab5b097-e7e0-4c24-b59e-eae12cc68a11 |
| Body |
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| Case Number |
C. P. No. 463 of 2016 |
| Decision Date |
Oct 27, 2016 |
| Hearing Date |
Oct 19, 2016 |
| Decision |
The constitutional petition was dismissed as the court found no legal impediment to the registration of a second FIR regarding the same occurrence. The court emphasized that the matter of registration of a second FIR should be considered in the context of the totality of circumstances and the allegations of each case. It was confirmed that there is no bar against registering a second FIR for different versions given by the aggrieved party. The court highlighted the necessity of considering the facts presented in both FIRs without dismissing the validity of the second petition outright. Therefore, the petitioner's request to set aside the impugned order was denied. |
| Summary |
In this landmark case decided by the Balochistan High Court, the court addressed the contentious issue of the registration of a second FIR under the Criminal Procedure Code. The case arose from a constitutional petition filed by the Additional Prosecutor General against a trial court's order allowing the registration of a second FIR concerning the murder of Abdul Majeed. The court ruled that the law does not prohibit the registration of a second FIR if it presents a different version of events regarding the same occurrence. This decision reinforces the legal principle that each FIR must be evaluated based on its individual merits and the circumstances surrounding the case. The ruling clarifies that as long as the second FIR does not merely amplify the first, it can be registered. This case serves as a critical reference for future cases involving multiple FIRs and highlights the importance of ensuring justice is served through proper legal channels. Keywords: Balochistan High Court, second FIR, Criminal Procedure Code, legal principles, justice, registration of FIR. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
ZAHEER-UD-DIN KAKAR
|
| Lawyers |
Muhammad Younas Mengal,
Manzoor Ahmed Shah
|
| Petitioners |
ADDITIONAL PROSECUTOR GENERAL, BALOCHISTAN, QUETTA
|
| Respondents |
ANOTHER,
ABDUL QADEER
|
| Citations |
2017 SLD 513,
2017 PCRLJ 313
|
| Other Citations |
Mrs. Ghanwa Bhutto v. Government of Sindh PLD 1997 Kar. 119,
Wajid Ali Khan Durani v. Government of Sindh 2001 SCMR 1556
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
154,
302
|