Law: Criminal Procedure Code (V of 1898)

Section: 4(f),154,561-A,Sch.II

Law: Police Order (22 of 2002)

Section: 155

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 4(f), 154, 561-A & Sch. II--- Police Order (22 of 2002), Art.155---Constitution of Pakistan, Art. 199---Constitutional petition---Cognizable offence, misconduct by police officers---F.I.R. had been registered against accused-police officials under Art.155 of Police Order, 2002---Contention of accused-police officials was that offence under Art.155 of Police Order, 2002 was non-cognizable, therefore, F.I.R. had been wrongly registered by the police---Validity---Art.155 of Police Order, 2002, entailed punishment of three years and no express provision existed in the said Order to state that it was a non-cognizable offence, and in such a situation recourse had to be made to S.4(f) of Cr.P.C, according to which the offence or case in which a police officer may arrest the accused without warrant in accordance with the Schedule II of Cr.P.C. is a cognizable offence or a cognizable case---Schedule II of Cr.P.C. under the heading, "Offences Against Other Laws" provided that police officer could arrest the accused without warrant in an offence, which was punishable with imprisonment for three years or upward and such offence had also been made non-bailable, except for S.13 of West Pakistan Arms Ordinance, 1965---No such exception had been provided in Cr.P.C. or Police Order, 2002 for an offence punishable under Art. 155 of said Order---Offence being a cognizable offence, F.I.R. had been legitimately registered in pursuance of S.154, Cr.P.C., to which no exception could be taken--- Constitutional petition was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 155---Police Order (22 of 2002), Art. 155---Constitution of Pakistan, Art. 199---Constitutional petition---Misconduct by police officers--- Information in non-cognizable cases--- Scope--- In non-cognizable cases/offences, the only course open for the police, by virtue of S. 155, Cr.P.C., was to obtain permission of Magistrate after making entry in the concerned book and then to investigate the case; in a non-cognizable offence the police could neither register a case under S.154, Cr.P.C. nor could it arrest the accused without a…

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