Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 154 & 155(1)---Registration of FIR---Ex-Officio Justice of Peace, refusing to order of registration of FIR, directed the petitioner to file direct complaint---Validity---Officer in-charge of the police station was required to record an FIR in the relevant book kept at the police station under S. 154, Cr.P.C., and if from the information given to him prima facie a cognizable offence was made out, and in case the information disclosed a non-cognizable offence, then, in terms of S. 155(1), Cr.P.C., the officer in-charge of the police station was required to enter substance of such information in the relevant book kept at the police station and refer the informant to the Magistrate; thus, in cases both cognizable offence and non-cognizable offence, the officer in-charge of police station could not refuse to enter information in the relevant book as the same might be---Dispute between the parties, in the present case, was over a shop, and the information provided to the police by the petitioner disclosed a non-cognizable offence, which, therefore, had been recorded as such in the station diary of the police station, and the Ex-Officio Justice of Peace had also set the petitioner at liberty to avail the remedy of direct complaint---Exercise of extraordinary jurisdiction by High Court under Art. 199 of the Constitution was conditional upon the non-availability of any other adequate remedy---Present petition, therefore, was not maintainable---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- Through this petition, the petitioner has called in question order dated 12.12.2014, passed by the learned Ex-Officio Justice of the Peace/Sessions Judge, Hyderabad on Criminal Miscellaneous Application No.2248 of 2014 under sections 22-A and 22-B of Code of Criminal Procedure, 1898, filed by the petitioner. 2. Learned counsel for the petitioner has mainly contended that the learned Ex-Officio Justice of the Peace/Sessions Judge, Hyderabad instead of directing the SHO of Police Station, Husri to record his FIR against the proposed accused relating to…

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