| Case ID |
42ae8b5a-469e-4ee5-b561-8455b9a97c4d |
| Body |
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| Case Number |
W.P. No. 51600 of 2021 |
| Decision Date |
May 25, 2023 |
| Hearing Date |
May 25, 2023 |
| Decision |
The Lahore High Court allowed the petition filed by Sarmad Tanveer, declaring the actions of the respondents illegal and unlawful. The court emphasized that the refusal to register an FIR by the Station House Officer (SHO) was not subject to inquiry or reversal by higher police officials. The court ruled that the matter was of civil nature, and the petition was allowed to prevent further illegal harassment of the petitioner by the police authorities. The decision reiterated that inquiries should not be conducted prior to the registration of an FIR, thereby protecting the rights of the petitioner against undue police actions. |
| Summary |
This case revolves around the refusal of the police to register an FIR based on an application by Respondent No. 4 against the petitioner, Sarmad Tanveer. The SHO determined that the matter was civil in nature, stemming from a business dispute, and thus did not constitute a cognizable offense. The court, referencing the Criminal Procedure Code, clarified that an inquiry prior to the registration of an FIR is not permissible. This ruling reinforces the principle that police must adhere to legal protocols regarding FIR registration, ensuring that citizens are protected from illegal harassment by law enforcement. The decision is significant in the context of safeguarding individual rights against arbitrary police actions, thereby contributing to the discourse on procedural justice and the rule of law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Safdar Saleem Shahid
|
| Lawyers |
Mr. Sohail Shafiq,
Mr. Asad Abbas Dhother
|
| Petitioners |
Sarmad Tanveer
|
| Respondents |
,
Respondent No. 4,
Inspector General of Police, Punjab, Lahore
|
| Citations |
2024 SLD 4555,
2024 PLJ 428
|
| Other Citations |
PLD 2019 SC 64
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
154,
155,
199
|