Law: Criminal Law (Special Provisions) Ordinance, 1968

Section: 4, 190, 4

Criminal Law (Special Provisions) Ordinance (II of 1968) S. 4 and Criminal Procedure Code (V of 1898), S. 190-Deputy Commissioner taking cognizance of offence under S- 4-Courts take cognizance of offence and not of the offenders-Not necessary that names of all accused must be mentioned in investigation report- Cognizance of offence taken when steps are taken indicative of inten tion to commence enquiry or trial-Issuance of miscellaneous orders for conducting search etc. does not amount to taking cognizance of offence. Under section 4 of the Criminal Law (Special Provisions) Ordinance, 1968 the Deputy Commissioner is vested with exclusive jurisdiction to take cognizance of a scheduled offence being defined in section 2(e) as an offence made punishable by the Pakistan Penal Code other than an offence specified in Section A of Part I of the Schedule to the Conciliation Courts Ordinance, 1961) committed within the district to which he is appoint ed upon (a) receipt of a complaint of facts which constitute such offence ; (b) report in writing of such facts made by the Police Officers ; and (c) upon an information received from any person other than a Police Officer, or upon his own knowledge or suspicion that such offence has been committed. The Courts take cognizance of an offence, and not of the offenders, and for this purpose, it is not at all necessary that the names of all the accused persons must be mentioned in the investigation report. Further, cognizance of offence is taken when steps are taken indicative of the intention to commence an enquiry or trial. Issuance of miscellaneous orders for conducting search or completing investigations do not necessarily amount to the taking of cognizance of an offence. Even under section 173 of the Criminal Procedure Code, the Police, notwithstanding the submis sion of a final report, may well make further investigation in spite of the fact that cenginzance of the offence had already been taken and even recording of evidence had commenced. Date of hearing : 12th April 1974.                                          …