| Case ID |
d7db5853-9c7b-4f03-adaa-af9d0fdd7b93 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 315 of 2017 |
| Decision Date |
Feb 16, 2018 |
| Hearing Date |
Jan 16, 2018 |
| Decision |
The appeal was dismissed as the Ex-officio Justice of Peace rightly ordered the registration of the murder case. The court emphasized the importance of registering a First Information Report (FIR) to set the law into motion and to ensure that the investigation is based on spontaneous information to prevent fabrication of evidence. The petitioners failed to establish that the Justice of Peace's order was illegal, thus upholding the registration of the case against them. |
| Summary |
In the case of Civil Appeal No. 315 of 2017, the Supreme Court (AJ&K) addressed the issue of the registration of an FIR under the Criminal Procedure Code. The case arose after Mst. Shakeela Bibi sought the registration of a murder case against the petitioners, alleging that her husband had been murdered. The court analyzed the roles of the Justice of Peace and the police's duties under sections 154 and 174 of the Criminal Procedure Code. It was determined that the Justice of Peace acted within his jurisdiction by ordering the registration of the FIR after the police failed to perform their duty. This case underscores the significance of timely FIR registration in ensuring justice and the legal obligations of law enforcement agencies. The judgment reinforced the legal framework concerning cognizable offenses, the responsibilities of police officers, and the rights of victims to seek redress through appropriate legal channels. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN,
JUSTICE SARDAR ABDUL HAMEED KHAN,
MUHAMMAD NAZIR
|
| Lawyers |
Ch. Amjad Ali,
Muhammad Noorullah Qureshi,
Zubair Ahmed Raja
|
| Petitioners |
Mst. Shakeela Bibi
|
| Respondents |
2 Others,
Justice of Peace, District Neelum
|
| Citations |
2018 SLD 1750,
2018 YLR 1599
|
| Other Citations |
Muhammad Ayub v. SHO of Police Station and 2 others PLJ 2012 Cr. C (Quetta) 581,
Safia Sultana v. Station House Officer Police Station Nawan Kot, Lahore PLD 1988 Lah. 714,
Khuda Bakhsh v. Province of West Pakistan and another PLD 1957 (W.P.) Lah. 662,
Riaz Ahmed and 3 others v. The State PLD 1994 Lah. 485,
Agha Qais v. The State PLJ 2010 Crl.C 511,
In re Laxminarayan Timmanna Karki AIR 1928 Bombay 390,
Ashiq Hussain v. Justice of Peace, Alipur and 2 others 2010 YLR 774,
Mst. Nazeeran v. SHO Police Station Daharki and another 2013 YLR 268,
Tasaddaq Hussain v. DPO and others 2007 PCr.LJ 145,
Muhammad Fazul v. The Province of Sindh through Home Secretary, Karachi and another 2013 PCr.LJ 168,
Mushtaq Hussain v. State 2011 SCMR 45,
Kh. Muhammad Naheem and 4 others v. Justice of Peace and 5 others 2014 SCR 1049
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
22-A,
22-B,
154,
174
|