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MUHAMMAD YOUNAS versus SENIOR SUPERINTENDENT OF POLICE


Articles 154 to 156 of the Customs Act 1969 constitution of Pakistan (1973), Article 199 Case Counter Case, the accused party alleges that they received firearms and other injuries from the complainant and submitted a medico legal report. But the investigating officer refuses to file a counterclaim. The High Court has issued to the top police officials to loyally investigate the relevant Investigation Officer and record the statements of the opposing party without any increase or error. Issue the necessary orders and to obtain your medical legal certificate R proceeded strictly according to law. Put the right version before the court

1987 P Cr. L J 1464

[Lahore]

Before Ijaz Nisar, J

MUHAMMAD YOUNAS‑‑Petitioner

versus

SENIOR SUPERINTENDENT OF POLICE, FAISALABAD, and others‑‑Respondents

Writ Petition No. 4394 of 1985, decided on 28th October, 1985.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑Ss. 154 to 156‑‑Constitution of Pakistan (1973), Art. 199‑‑ Registration of case‑‑Counter‑case‑‑Accused party alleging that they received fire arm and other injuries at hands of complainant and produced medico- legal report but Investigating Officer refused to register a counter‑case‑‑Directions issued by the High Court to higher police authorities to issue necessary orders to concerned Investigating Officer for carrying out investigation faithfully and record statements of opposite party without any addition or omission and also to receive their medico‑legal certificate and to proceed strictly in accordance with law and place correct version before Court.

M. Aslam Riaz for Petitioner.

JUDGMENT

It is contended that the complainant‑party was guilty of aggression and had caused fire‑arm and other injuries to Muhammad Younas and Khushnood and despite 'the fact that their medico‑legal reports were produced before the Investigating Officer with the request of registering a counter‑case he has refused to do so. It is further stated that the Investigating Officer has even refused to receive the medico‑legal certificates or to record their statements.

In the above circumstances, S.S.P. Faisalabad is directed to issue necessary orders to the S.H.O. Police Station Dijkot for carrying out the investigation faithfully and to record the statements of the aforementioned persons and the petitioner without any addition or omission and also to receive their medico‑legal certificates. He is also directed to proceed strictly in accordance with law and place the correct version before the Court.

With these observations, the petition stands disposed of.

M.Y.H./M‑118/L Order accordingly.

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