Law: Criminal Procedure Code (V of 1898)

Section: 154,561A,22A,22B

(a) Criminal Procedure Code (V of 1898)--- ----S. 154---Registration of FIR---If an offence was reported to the SHO, it was his duty to record the same; and if a cognizable offence was made out, to register an FIR---On receiving such complaint, it was the prerogative of the concerned SHO to form an opinion as to whether a cognizable offence was made out or not---In non-cognizable cases, concerned SHO was not obliged to register an FIR, and to arrest the persons nominated therein unnecessarily, in order to avoid abuse of the process of law---Each case, was to be examined and decided on its own peculiar facts and circumstances, which required stringent burden of proof to establish commission of a cognizable offence---SHO though was not required to examine the evidence; or the truthfulness of the alleged offence, he, however, could not in a mechanical manner without applying his mind; at least to the extent of examining the occurrence of the alleged incidence, or commission of a cognizable offence, register an FIR in every case, which did not even suggest commission of a cognizable offence. Dr. Babar Hussain v. SHO City Courts, Karachi 2013 PCr.LJ 102 and Rai Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2010 SC 691 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 22-A & 22-B---Application for setting aside the order of Justice of Peace refusing to direct the SHO to register FIR---Applicant did not report the alleged incidence, nor approached the concerned SHO on the day of occurrence for registration of FIR---Applicant had chosen to approach Ex-officio Justice of Peace, by filing an application under Ss.22-A & 22-B, Cr.P.C. after lapse of about 8 days from the date of alleged incidence---No explanation had been given by the applicant for such delay, nor applicant, even produced alleged eye-witnesses of the incidence before Justice of Peace---Applicant, even in the High Court did not produce any material which could support the allegations, or suggest commission of any cognizable offence---Applicant, had not been able to point out any error or illegality in the impugned order, passed by Ex-officio Justice of Peace who had…

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