Law: Criminal Procedure Code (V of 1898)

Section: 154,561-A

Law: Anti Terrorism Act, 1997

Section: 6,7

Law: Pakistan Penal Code, 1860

Section: 503,506

Law: Constitution of Pakistan, 1973

Section: 10A,199

(a) Criminal Procedure Code (V of 1898)--- ----S. 154---Constitution of Pakistan, Arts.10A & 199---Constitutional petition---Information in cognizable cases---Manner of reporting cognizable offence---Discretion of officer Incharge of Police Station---Scope---Administrative jurisdiction of the courts---Extent---No discretion had been left with the Officer Incharge of a Police Station to refuse or avoid exercise of mandatory jurisdiction under S.154, Cr.P.C.---Only condition was that information should spell out commission of a cognizable offence---Courts being the ultimate guardians of the rights of the individuals and in criminal justice system, courts enjoyed the status of the administrative authority, to have a check under constitutional jurisdiction---Such administrative jurisdiction, would not give a legal right and authority to curtail the powers of statutory functionary (Investigating Authorities); nor would mean to interfere in the independent functions of authorities provided by law; unless it surfaced that such exercise was patently contrary to the law, and was result of colourable exercise---Offence, would continue to be an offence even if not reported or no informant came forward---Incharge of Police Station was obliged to bring the law into motion, as soon as it came to his knowledge---Law nowhere demanded that before lodging F.I.R., there should be a prior permission---F.I.R. only would mean to bring the law into motion, so as to collect material, as to whether, in reality a cognizable offence was made out, which required its determination by a competent court of law---Administrative jurisdiction should only be exercised where subordinate functionary was found guilty of negligence in performing its functions, and not otherwise---F.I.R. could be lodged without hearing the proposed accused---Accused had been termed as "suspect", and such a suspect would have an undeniable right of a proper investigation---Domain and jurisdiction of the Police was to carry out the investigation and submit report under Chapter XIV of Cr.P.C.---High Court would not be legally justified in directing lodgement of the F.I.R. under particular provisions of…

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