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Writ Petition No. 2185 of 1977, decided on 1st February, 1978.

---S.154‑‑Constitution of Pakistan (1973), Art. 199‑‑First information report, registration of‑‑Registration of first information report, held, statutory duty of Station House Officer‑‑Counter‑version given by complainant not taken down by Police Officer‑‑Failure of Police Officer to take down counter‑version, held, illegal‑‑Police Officer directed to register first information report on statement of complainant.

S.A. Latif for Petitioner.

M.Ehsanul‑Haq Chaudhari for Respondents.

Date of hearing: 1st February, 1978.

This is an application under Article 199 of the Constitution of Islamic Republic of Pakistan praying that a direction may be issued to the S.H.O. Police Station Nishatabad to register an F.I.R., regarding the murder of Ghulam Qadir s/o Muhammad Ismail (who is also being described as Abdul Qadir s/o Muhammad Ismail) resident of Chak No. 244/13, Police Station Rajana, Tehsil Toba Tek Singh, District Faisalabad (Lyallpur). Actually his death took place in Mohallah Nishatabad in the house of Arshad lqbal s/o Din Muhammad. Khan Muhammad A.S.I. Police Station Nishatabad attended to that incident and describing the same as an accidental death due to fire on the body of the deceased on account of dropping of oil while cooking tea filed and closed the same. Even though the deceased as mentioned earlier belonged to Chak No.244/G.B. and had come to Nishatabad only a night earlier, but the statements of the mother and brothers of the deceased were not recorded though, the A.S.I. submits that he had sent a Parwana Talbi to the aforesaid person to appear before him who however, failed to do so.

2. Mst. Karim Bibi, mother of the deceased, has filed this application alleging a different version. Her case is that it is a deliberate murder brought about by Arshad lqbal, etc. who first brought the deceased to Nishatabad and then on next morning threw oil on his body and in this way put him on fire describing it, however, as a case of accident. It is further pleaded that she has been making efforts and sending applications to various quarters for getting an F. I. R. registered but to no effect. Hence the present writ petition in this Court.

3. Khan Muhammad A.S.I Police Station Nishatabad is present alongwith the record. He submits that at the relevant time he investi gated this case though he concedes that he did not prepare any (NAQSHA MOQUA) nor he took into possession the utensils in which it was alleged that some tea was being prepared by the deceased and that he did not even prepare the location of the quarter or its details regarding the accommodation it contained in the form of a room or of a corridor, etc. Similarly he did not make any site plan of hearth nor he took the same into custody or any other attending material. He did not take down the counter‑version nor made any investigation on that line despite the same having been brought to his notice in the form of various applications.

4. It is not my concern to make any comments on the investigation conducted by A.S.I. Khan Muhammad and for my purpose it is enough that the version of Mst. Karim Bibi was not taken down and in that respect the A.S.I. did not perform his statutory duty under section 154 of the Code of Criminal Procedure. His failure to do so was illegal. Consequently the petition is accepted and it is directed that let an F.I.R. be registered on the statement of Mst. Karim Bibi.

M. Y. H. Petition accepted.

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