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Constitutional Petition No. 512 of 1984, decided on 11th June, 1984.
--Art. 9--Writ jurisdiction, invocation of--Writ jurisdiction of High Court invoked for issuing direction to Police authorities to register case under S. 307, P.P.C. instead of registering under S.324, P.P.C.--High Court in exercise of writ jurisdiction, held could not even tentatively form an opinion whether a particular offence falls under S. 307 or 324, P.P.C. as it requires recording of evidence--Issuance of writ declined, in circumstance.
Faizanul Haq for Petitioners.
--In this writ petition, the petitioners have sought direction against the Sub-Inspector, Police Station Orangi Town and also Superintendent, Police Orangi Town that they should register F.I.R. against respondents No. 4 to 6 under section 307, P.P.C. instead of registering under section 324, P.P.C. which has been done. In our view this Court in exercise of writ jurisdiction cannot even tentatively form an opinion, whether a particular offence falls under section, 307 or under section 324, P.P.C. as it requires the recording of the evidence. The appropriate course for the petitioner would have been invoke the provisions of the Criminal Procedure Code, which has provided exhaustive machinery for such eventualities. The petition is, therefore, dismissed in limine.
S. G. D. Writ Refused.
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