Case Details

Citation(s)
2015 SLG 2254 2015 SLD 2254 2015 YLR 2207
Sindh High Court
Criminal Misc. Application No. S-474 of 2014, decided on 8th August, 2014
MUHAMMAD IQBAL KALHORO, J
Zulfiqar Ali Naich and Azhar Ali Simair for Applicant. Achar Khan Gabole for proposed accused. Syed Sardar Ali Shah, A.P.G. for the State

AKHTIAR ALI--Applicant

VS

STATION HOUSE OFFICER, POLICE STATION ROHRI, DISTRICT SUKKUR and another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 155---Information in "cognizable" and "non-cognizable" offences---Distinction---Information in relation to commission of non-cognizable offence does not mean that no offence at all has been committed or accused persons who have committed such offence cannot be taken to task or made to go through trail of trial---Difference between "cognizable offence" and "non-cognizable offence" is that of procedure; in cognizable offence police has authority to investigate the case without permission of Magistrate and can arrest accused without warrants but in non-cognizable offence no such powers are provided to police officials---After having received an order of the Magistrate as contemplated under S.155(2), Cr.P.C., any police officer can exercise same powers in respect of investigation which are available to any officer conducting investigation in cognizable case. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 154 & 561-A---Application for Registration of FIR---Delay---Effect---Incident, alleged by complainant in application before Ex-officio Justice of Peace had taken place on 2-2-2014 and application for registration of FIR was filed on 11-4-2014---Contention of applicant was that all this time he was trying his best to get FIR registered at the police station but he failed---Ex-officio Justice of Peace dismissed the application filed by complainant---Validity---Though explana-tion for such delay was not forwarded by complainant but that did not mean that no incident had taken place as alleged in application---Complainant was not able to disclose any information with regard to commission of cognizable offence for registration of FIR---High Court directed the Station House Officer of police station concerned to follow provisions of S. 155, Cr.P.C. in case complainant would approach him, as presence of medical certificates of injured persons could not be lost sight of---Application was dismissed accordingly. ORDER MUHAMMAD IQBAL KALHORO, J.---By this order the instant application filed by the applicant under section 561, Cr.P.C. seeking following relief(s) is disposed of. (a) To direct the…
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