Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 155---First information report---Scope---Station House Officer of police station, on receiving information relating to the commission of a cognizable offence, was under statutory obligation to enter the same in the prescribed register. (b) Criminal Procedure Code (V of 1898)--- ----S. 22-A(6)---Ex-Officio Justice of peace---Jurisdiction---Scope---Jurisdiction, which could be exercised by the Ex-Officio Justice of Peace was to examine whether the information disclosed by the applicant did constitute a cognizable offence; in case it did , to direct the concerned Station House Officer to record FIR without going into veracity of the information. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 154---First information report---Delay in lodging FIR---Effect---Undue, unreasonable and unexplained delay in filing FIR would lead to suspicion and reflect on the truth of the prosecution case---Information of crime was required to be supplied at the earliest in order to avoid criticism of the report as being manipulated and a result of deliberation and consultation. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 561-A---Application for registration of case against accused-respondents was dismissed by ex-Officio Justice of Peace---Contention of applicant was that, in his absence, the accused-respondent enticed his wife and children and took them to his house and admitted his sons in a school on fake school leaving certificates---Applicant approached Station House Officer for registration of case; on his refusal for lodging FIR, applicant approached the Ex-Officio Justice of Peace, who refused the prayer---Record showed that applicant had approached the Station House Officer after delay of about fourteen months without any plausible explanation and after his refusal for lodging FIR, he approached the Ex-Officio Justice of Peace, who declined the prayer---Validity---Applicant had approached the Station House Officer and Ex-Officio Justice of Peace after unexplained delay of about fourteen months---If the contention of applicant was true; why did he remain silent for initiating any action…

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