Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,154

Criminal Procedure Code ( V of 1898)-------Ss. 22-A , 22-B & 154---Information in cognizable cases---Powers of Ex-officio Justice of Peace---Application under Ss. 22-A & 22-B of the Criminal Procedure Code, 1898---Maintainability---Validity---Court functioning as Ex-officio Justice of peace, before taking cognizance in the matter of an application under Ss. 22-A & 22-B of the Criminal Procedure Code , 1898, must satisfy itself that the party has already approached the concerned quarter(s) meant for redressal of his grievance i.e. filed an application before SHO for registration of the case, which was registered under a proper diary, and that the inaction by the SHO was further agitated before the higher police hierarchy (Superintendent of Police) under the due receipt but with no effect---In the present case, both the parties had agreed to appear before the concerned SHO who would record the version of the petitioner (complainant) as well as the respondent , as the latter had also raised the plea that a private complaint had already been registered ; and if SHO finds a case to be registered, he may do so in accordance with law---Constitutional petition was disposed of accordingly.Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 and Younas Abbas and others v. Additional Sessions Judge Chctkwal and others PLD 2016 SC 581 ref.ORDERADNAN-UL-KARIM MEMON, J.---Through this petition, petitioner Ahsan Khalid has sought the indulgence of this Court to direct the concerned S.H.O. to record his statement about the cognizable offense, which has been objected to by the respondents initially.I have heard learned counsel for the parties and perused the record with their assistance.The Code classifies criminal offenses into two categories for certain purposes, namely cognizable and non-cognizable offenses. Sections 154 and 155(1), Cr.P.C. separately prescribe the procedure for dealing with them. If there is a piece of information relating to the commission of a cognizable offence, it falls under section 154 of the Code of Criminal Procedure and a police officer is under a statutory obligation to enter it in the prescribed register.…