22A-22B 2018LHC2667 (SoP For Croff Version Cases)

Form No.
HCJD/C-121
ORDER SHEET
IN THE LAHORE HIGH COURT
LAHORE.
JUDICIAL DEPARTMENT
W.P.No.237718/2018
Javed
Vs
The State, etc.
S. No. of Date of Order with signature of Judge, and that of parties or counsel, where
order/ order/ necessary
proceedings proceeding
22.10.2018 Mr. Rasheed Afzaal Cheema, Advocate for the
petitioner.
Mian Muhammad Qamar uz Zaman, Advocate for
respondent No.7.
Mr. Muhammad Afzal Bhatti, Assistant Advocate
General with Muhammad Ilyas SSP and Muhammad
Ismail S.P.
Briefly the facts of the case are that regarding an occurrence,

FIR No.116/2018 dated 30.03.2018 under section 337-A(i), 337-
A(ii), 186, 148, 149 PPC was registered at police station City
Nankana Sahib on the complaint of Abdul Rehman Shaheen
(respondent No.7) against the present petitioner and some others.
Since the petitioner had another story regarding the same occurrence,
therefore, he filed an application under section 22-A/22-B Cr.P.C.
before the learned Ex-officio Justice of Peace, the same was
disposed of vide order dated 03.05.2018 with a direction to the
Investigating Officer of the said FIR to proceed on the application of
the petitioner if cross-version attracts in the case or not. Through the
instant writ petition the petitioner voiced a grievance that despite
order by the learned Ex-officio Justice of Peace, his cross-version
was not being recorded.
2. On 27.09.2018 District Police Officer and S.P (Investigation)
were directed to appear before this court in person along with
Investigating Officer on 28.09.2018. On 28.09.2018 the court was
apprised that cross-version of the petitioner had been recorded. On
perusal of the police file this court observed that statement of
petitioner was not recorded u/s 161 Cr.P.C and further his statement
was also not incorporated in RAPT ROZNAMCHA and statements of
his witnesses and the site plan in the light of statement of the
witnesses of cross-examination was not prepared, which is against
the requirement of law and if the Investigating Agency adopted this
way of recording cross-version then the complainant of cross-version
will miss out his basic rights and it will frustrate the requirement of
law in the light of case “Mst. SUGHRAN BIBI versus THE STATE”
(PLD 2018 Supreme Court 595). The DPO as well as other police
officers also could not come out with any explanation; as such the
Additional Inspector General Police was directed to appear in person
and he was apprised about the situation and relevant provisions of
law, especially the police rules as guidance for recording of cross-
versions and its investigation. He was also directed to prepare SOP
with the consultation of all stakeholders and issue the same for
guidance of police officials investigating the cross-versions to avoid
any complication to the public at large.
3. Today, the court has been informed that SOP (Standard
Operating Procedures) No.30200/Inv/HA/L dated 19.10.2018 has
been issued with regard to recording of cross-versions, a copy
whereof has been placed before the Court. An extract of the same is
reproduced hereunder:-
On court query the police officers present in court inform that now
the cross-version of the present petitioner has been recorded to bring
the same in line with the requirement of law and the police rules.
This being the position the grievance of the petitioner stands redress
and this petition is disposed of accordingly.
4. It has been observed that in the above referred SOP a

comprehensive mechanism has been laid down but from the covering
letter of the SOP it appears that although the same was addressed to
the heads/Incharge of the concerned branches of the police
department, but the same do not appear to have been routed to the
bottom i.e. to the SHOs or the Investigating Officers. Similarly, the
SOP also does not appear to have been circulated for public
awareness or to the legal fraternity. The Inspector General of Police
Punjab is directed to ensure that above referred SOP shall be
communicated to the SHOs who shall onward see that the SOP must
be complied with in letter and spirit by the Investigating Officer. At
the same time, the Inspector General of Police Punjab shall ensure
that copy of this SOP must be transmitted to all the Tehsil and
District Bar Associations of Punjab for information.
(Muhammad Qasim Khan)

Judge.
APPROVED FOR REPORTING.
Javed*

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Briefly the facts of the case are that regarding an occurrence,

4. It has been observed that in the above referred SOP a

(Muhammad Qasim Khan)

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