Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 154 & 157---Constitution of Pakistan, Art. 199---Constitutional petition--- Registration of F.I.R.--- Information in cognizable cases---Ex-Officio Justice of Peace had directed the Station House Officer (SHO) to receive the application of the complainant (petitioner) and to proceed with it in accordance with the law, but the SHO instead of recording the statement of the complainant under S.154, Cr.P.C., straightaway proceeded to take cognizance under 5.157, Cr.P.C.---Validity---SHO was bound to record the statement of the complainant under 5.154, Cr.P.C. and then had to take further proceedings under the relevant provision of law-Act of SHO to straightaway proceed under S.157, Cr.P.C., was illegal---Sections 154 and 157, Cr.P.C., dealt with different contingencies, as the former provided for recording of F.I.R. at the instance of the complainant while S.157, Cr.P.C. dealt with the procedure for investigation of cognizable offences--- Section 157, Cr.P.C. left it to the of the police official to refuse to investigate in certain cases but such power was not to be confused with his initial responsibility to record the F.I.R.---SHO had no choice but to record the F.I.R. although he had discretion in conducting the investigation---Order passed by Justice of Peace had not been implemented by the SHO in letter and spirit, and accordingly, he was directed by High Court to record the F.I.R. in compliance with the order of the Justice of Peace. Lal Din v. SHO and others 1997 MLD 246; Tariq Siddiqui Khokhar v. ASJ and others PLD 2006 Lah. 507 and Haji Muhammad Khan v. Ch. Khizer Hayat PLD 1997 Lah. 424 rel. (b) Criminal Procedure Code (V of 1898)--- ---Ss. 154 & 157---Constitution of Pakistan, Art. 199---Constitutional petition---Distinction between Ss.154 and 157, Cr.P.C.---Scope---Sections 154 and 157, Cr.P.C., dealt with different contingencies, as the former provided for recording of F.LR. at the instance of the complainant while section 157, Cr.P.C. dealt with the procedure for investigation of cognizable offences---Section 157, Cr.P.C. left it to the of the police official to refuse to…

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