No arrest after registration of cases in all
cases u.s. 489-F
After hearing the learned counsel for the parties it has
been observed by this Court that the dispute between the parties is over
issuance of cheque and genuineness or otherwise of the signatures of the
petitioner and these disputed questions of facts cannot be undertaken in the
Constitutional jurisdiction of this Court. Reliance is placed on the case of
Col. Shah Sadiq v. Muhammad Ashiq and others (2006 SCMR 276). However, it may be added
that after registration of a criminal case, the Investigating Officer is not
expected to act in a mechanical manner and in all cases to arrest the accused as
soon as the report is lodged, especially where criminal case registered under
section 489-F,
P.P.C. Reliance has been placed on the case reported as Madawa through
President v. Inspector-General of Police, Punjab and 15 others (PLD 2013 Lahore
442).
Malik Akhtar v. Addtiional Sessions Judge/ Justice of Peace, Lahore (2014 Y L R
1329 Lahore) by Neelum, J. Miss Aalia
Since an arrest is in nature of the encroachment on the liberty of a person, so incriminating material and reasonable belief that was required to be entertained with regard to the committing of offence at the time of arrest of the accused but not necessary at the time when criminal case was registered. It is not necessary that every investigation should result in arrest. The Investigating Officer in exercise of its statutory power couple with duty, after associating accused in investigation of a case, may find that a case is made out against an accused and his arrest is required he can arrest him. In case of implementation of impugned order dated 27-4-2013, the Investigating Officer in the present case can arrest the accused when there is sufficient incriminating evidence was brought on the record after obtaining expert opinion of Forensic Science Laboratory as held in Madawa's case supra wherein it is stated that if F.I.R. was registered, before arrest if question of genuineness of signatures of the drawer is arise that should be probed first. Till then arrest of the petitioner should be deferred if F.I.R. was got registered against the petitioner in compliance of order dated 27-4-2013 passed by the learned Ex. Officio Justice of Peace/ASJ. Keeping in view the facts and circumstances of the case, the learned counsel for the petitioner could not point out any illegality or irregularity in the impugned order and the same did not call for any interference. Malik Akhtar v. Addtiional Sessions Judge/ Justice of Peace, Lahore (2014 Y L R 1329 Lahore) by Neelum, J. Miss Aalia
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