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MUHAMMAD RASHID versus THE STATE


Criminal Code of Conduct (CR PC) Sections 497 of the Conduct Rule (XLV of 1898), Sections 323 and 324/34, grant of offenses for which the defendant is guaranteed guaranteed interim bail.

1987 M L D 2667

[Lahore]

Before Qurban Sadiq Ikram, J

INAMULLAH--Petitioner

versus

RAO MUHAMMAD IQBAL S.P. SIALKOT and others--Respondents

Criminal Case No .227-B of 1986, decided on 18th April, 1987.

Contempt of Court Act (LXIV of 1976)--.

---Ss.3 & 4--Contempt of Court--Alleged refusal to register case by Police Officer--High Court issuing direction to police officer to look into the matter and, if cognizable offence was made out, direct registration of case--Report of respondent indicating that grievance of complainant was not well founded and that no cognizable offence was committed by accused--Held, respondent police officer had not violated or contravened any order/direction of High Court and was therefore, not guilty of contempt of Court.

Khalid Mahmood Shaheen for Petitioner.

Khalil Ramday Addl. Advocate-General for the State.

ORDER

(14-3-1987)

After hearing the parties I am of the view that the facts of this, case require investigation by Superintendent of Police himself. The learned Additional Advocate-General has no objection if the Superintendent of. Police is asked to investigate this case personally. This petition is adjourned to 18-4-87 for further proceedings.

ORDER

(18-4-1987)

I have perused the record. It is stated by learned counsel for petitioner that in compliance with order of this Court in W.P.No.5526 of 1988, the respondents should have registered a counter-case at the instance of the petitioner, This was not done and as such they be punished for contempt of Court.

2. I have examined the order dated 13-12-1986 in the abovesaid writ petition there was no direction to the police officers by this Court for registration of the case. The only direction was that the Superintendent of Police will look into the matter and if some cognizable offence is made out, direct registration of the case. It is conceded that the petitioner went to Superintendent of Police Sialkot who examined him and has looked into the matter. The S.P. has also; submitted a written report which indicates that the grievance of Inam Ullah petitioner is not well founded and that in his view no cognizance offence against Tahawwar etc., is made out. In my view the respondents have not violated /contravened any order/direction of this Court. They are not guilty of contempt of Court. This petition dismissed in limine.

M.Y.H./I-32/L Contempt notice discharged.

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