ASAL JAN KHAN versus THE STATE THROUGH ADDITIONAL ADVOCATE-GENERAL, BANNU
Section 302 (b), 324, 76 and 80 Criminal Code of Conduct (v. 1898), Section 154 Qutel AMD, Criminal Case registered against Police in Police Protection Scope killed one person of the complaining party and three police / raiding party. Other people were injured in the firing of the Judicial Magistrate. Under his order, Section H was directed to file a case against the concerned Police Party of Police Party, which performs its official duties, its operations were protected under SSCS 76 76 and under 80. Was. The PPC respondents / police party's position was that they raided the applicants / complainant's houses to arrest the culprits, wanted in some criminal cases and during the raids, the complaining party Along with the alleged criminals, they opened fire, retaliation in which the police party also fired in their defense did not scratch any members of the raiding party, while one person was killed and three others were requested. Continued injuries from firearms from the passenger. The police party did not request that they act under the rule of law at the behest of their superiors. In addition, it was a mixed question of law and fact, which could be raised during the investigation and could be proved at trial and its summary cannot be decided, provided under section 80, PPC. The exception made was a mixed question of law and fact that could only be resolved. After recording the evidence through the trial court, both & 76 and both 80, the PPC provided protection under certain circumstances, which is the current case.
Related judgments — Peshawar High Court NWFP, 2012
