Law: Criminal Procedure Code (V of 1898)

Section: 22-A(6),154,157,200

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 22-A(6), 154 & 157--Application for Registration of case--Dismissal--Prior investigation--Incharge of Police Station--Duty and power--Validity--Section 157, Cr.P.C. empowers officer incharge of a police station to investigate if from information received or otherwise he has reason to suspect commission of cognizable offence--Words or otherwise after from information received leave no confusion or ambiguity that legislation had left it to discretion of incharge to ensure credibility or authenticity of information received regarding commission of cognizable offence before registration of criminal case, of course to be exercise fairly and transparently. AIR 1915 Madras 312, PLD 2016 SC 581, ref. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 154 & 200--Distinction--Purpose & scope--Cognizable offence--Remedies--Two remedies placed on a parallel footing, have been provided, one by lodging a report with police in respect of commission of cognizable offence in term of Section 154, Cr.P.C. and other by filling complaint under Section 200 and in case if no private person coming forward with such information despite having in possession of such knowledge it is duty of police to move on its owne to eradicate crime. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 202--Scope--Under section Court has been conferred power to direct an inquiry or investigation to be made by learned justice of peace or by a policy officer or by such other person as it thinks fit for purpose of ascertaining truth falsehood of complainant. FIR-- ----FIR is meant to move state machinery for purpose of collecting evidence when commission of cognizable offence is reported--Petition was dismissed. ORDER Through this petition instituted under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Abdul Hameed is seeking reversal of order dated 15.07.2017 passed by the learned Justice of Peace whereby learned Justice of Peace had declined to issue direction for registration of criminal case against proposed accused persons and dismissed application of the petitioner filed u/S. 22-A(6), Cr.P.C. Learned…

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