Naeem Sarwar -M VS SHO PS Aabpara

HCJD/C-T21

ORDER SHEET

ISLAMABAD HIGH COURT

ISLAMABAD

Crl. Misc. No. 1 6-1W201 1

Naeem Samlar Versus S.H.O. P/S Aabpara, lslamabad

S.No. of order Date of order/ Order with signature of Judge, and that of parties or counsel, / Proceedine proceeding where necessary.

3.OL-O2-?oLL Petitloner in person.

Rao Abdul Ghaffar and M. Ghias ul Haq Sheikh standing counsels for State.

M. Khaltd, Inspector with record.

This order is directed to dispose of petition under Section 561-A Cr.P.C. filed by the petitioner, Noeem Sorwor, for quoshment of proceedings inilioted ogoinst him under Section 182 PPC.

2.Bockground of the petition is thot the petitioner submitted on opplicotion to S.H.O. P/S Aobporo stoting therein thot being S.V.P (Legol) to Agriculturol Development Bonk, he instituted o writ petition ogoinst Tohir Anwer Posho ond others ond soid persons hove developed grudge ogoinst him. lt wos olleged in the opplicotion thot lsmoil, Roi Yoqoob, lmron olios Moni, Tohir Anwor Posho ond Moqbool Sukhero of the instonce of Zoko Ashrof storted threotening him ond oll the obove soid persons in connivonce with eoch other decided to ottock of the house of petitioner. Since the elitioner wos not of his house, so they sot in front of

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house of the petitioner ond the petitioner while coming to his house sow them from the long distonce ond reolized thot the intention of those persons were not good. According to the petitioner, the obove soid persons storted coming towords him, but he turned his vehicle towords Foisol Avenue, which is o seporote rood ond in such o woy, he soved himself. ln the opplicotion, he requested for initioting proceedings ogoinst the obove soid persons. The S.H.O. P/S Aobporo investigoted the motter on his own ond come lo the conclusion thot the obove soid comploinl wos folse ond frivolous. Accordingly, he filed o Qolondro under Section 182 PPC ogoinst the present petitioner in the court of Assistont Commissioner, lslomobod, in which notice wos issued to the petitioner, so the pelitioner filed the present petition under Section 561-A Cr.P.C. for quoshment of proceedings initioted ogoinst him under Section 182 PPC.

3.I hove heord the petitioner in person os well os leorned stonding counsel for the respondent.

4.The petitioner contended thot the S.H.O. in connivonce with the opposite porty with molofide intention initioted proceedings under Section 182 PPC ogoinst him. According to the petitioner, no oction wos oken on his comploint. He submitted on opplicotion

;sf e d crL Misc" fio.'l 6-il/20'l I J

before lhe leorned Additionol Sessions Judge, lslomobod for registrotion of cose ond of thot time, he come to know thot proceedings under Section l82 PPC hove been initioted ogoinst him. Petitioner olso submitted thot so colled enquiry conducted by the S.H.O. concerned is one sided effort, in which stotement of his opponents hove been recorded. The petitioner further contended thot the proceedings ore olso in violotion of the low.

5.Leorned stonding counsel odmitted thot the S.H.O./respondent hod gone beyond the sphere of his outhority, but there wos no molice involved.

6.Leoving oside the ollegotions of the petitioner, the legol position is thot when o comploint is filed in the police stotion ond the S.H.O. finds thot o cognizoble offence hos token ploce, then he is bound to register o cose under Section 154 Cr.P.C. ond to initiote the investigotion thereofter. lf the S.H.O. comes to the conclusion thot no cognizoble offence hos token ploce, then in thot cose neither the cose con be registered nor investigotion con be initioted. ln non- cognizoble cose, the S.H.O. is bound to opprooch the concerned Mogistrote. Under Section 155(2) Cr.P.C. no police officer con investigote o non-cognizoble cose without the order of o Mogistrote. ln the instont cose,

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the S.H.O. on receiving the comploint of the petitioner wos to determine os to whether ony cognizoble offence hos token ploce or not. lf in his opinion, no cognizoble offence hod token ploce, then he could not initiote the investigotion without the leove of the Mogistrote. As such the investigotion, if ony, conducted by the S.H.O. is illegol ond of no effect. The S.H.O. concerned hod not octed in occordonce with low ond the proceedings initioted under Section 182 PPC .l54 ogoinst the petitioner being violotive of Section & 155 of Cr.P.C. ore unlowful, void ond of no legol effect.

ln the circumstonces, this petition is occepted ond lhe proceedings initioted ogoinst lhe petitioner under Section 182 PPC ore quoshed.

(RrAZ ATTMED KrrAI{}

JT'DGE

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