- Held: (i) Once an FIR has been filed before the Police Officer, he is under mandatory obligation to reduce the information in writing and commence investigation to determine truthfulness or otherwise of the information — If a counter version has been brought through second FIR, he should investigate the same as well to come to a definite conclusion and when, in his estimation, a case as per FIR is not made out, report the same to the Magistrate for dismissal of the case. (ii) If he fails to reduce the report in writing and commence the investigation, the complainant may file a private complaint, which in criminal cases is a remedy available to a person who reports commission of an offence. (iii) When on the report of a person a case is not challenged or for that matter second FIR lodged by the accused is not investigated, the maker of second FIR can also file a private complaint before the Court or Magistrate and in that eventuality the challan of the case of the first report and the private complaint shall be tried side by side. (iv) Despite the above we repeat it that writ jurisdiction of the High Court cannot be curtailed from where it comes to the conclusion that the remedy provided by law is not efficacious or for that matter a citizen wedded with fundamental rights requires aid of the High Court in writ jurisdictions. Ch. Muhammad Younas Arvi & 2 others v. Abdul Aziz Ch. & 4 others 2011 SCR 50 (E)
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