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MALIK MUHAMMAD ASLAM versus CH. GHULAM SARWAR, ASSISTANT COMMISSIONER, DASKA


Constitution of Pakistan 1973 Article 199 Criminal Code (v. 1898), the Commissioner who did not disclose the contents of Section 154 FIR was allegedly registered by the Assistant Commissioner of the FIR with unethical intention for a regular hearing. Was recognized for

1986 P Cr. L J 2541(2)

[Lahore]

Before Manzoor Hussain Sial, J

Malik MUHAMMAD ASLAM‑‑Petitioner

Versus

Ch. GHULAM SARWAR, ASSISTANT COMMISSIONER,

DASKA and others Respondents

Writ Petition No.793 of 1986, decided on 24th February, 1986.

Constitution of Pakistan (1973)

‑‑‑Art. 199‑‑Criminal Procedure Code (V of 1898), S.154‑‑Contents of F.I.R. not disclosing commission of cognizable offence‑‑F.I.R. was allegedly got registered with mala fide intention by Assistant Commissioner‑‑‑ Constitutional petition admitted for regular hearing.

Izharul Haque for Petitioner.

ORDER

Learned counsel has contended that the perusal of the F.I.R. itself does not disclose commission of cognizable offence by the petitioner. It is further stated that the Assistant Commissioner mala fide has got registered the case although regarding the same complaint an inquiry had already been conducted by the Chairman Municipal Committee, Daska, A aid the complaint was proved to be false. Admit. Notice.

2. It is also directed that a copy of this petition be sent to respondent No.l for report and parawise comments so as to reach this Court within three weeks.

3. Status quo meanwhile.

H.A.K. Writ petition admitted.

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