Law: Criminal Procedure Code (V of 1898)

Section: 154

Criminal Procedure Code (V of 1898) S. 154-First information Report-Police Officer statutorily bound to enter report of cognizable offence in prescribed register-Whether to record such report or not-Not dependent on sweet will of police-Police Officer failing to record such report-Liable to be dealt with for neglect of duty-Petition submitted to High Court disclosing commission of cognizable offence-Copy of petition sent to Police Officer concerned with direction to register case.                                                                                                                      ORDER It has been reported by A. S. I. Ali Akbar that he made a search of the alleged detenu with the help of A. S. I. Abdul Aziz of Police Station Burewala City, but could not trace out Mst. Nasim Akhtar. No further action by this Court is possible, unless the petitioner is in a position to find out the place where the alleged detenu is being kept. 2. However, I find that the facts alleged in this case make out a cognizable case. In paragraph 9 of the petition it was alleged in the following terms:- "That the petitioner approached the local Police for setting Mst. Nasim Akhtar detenu at liberty. The respondents were very influential with the police. Therefore the police took no cognizance of this matter and did not help the petitioner to release Mst. Nasim Akhtar detenu from the illegal confinement of the respondents." Without commenting upon the correctness or otherwise of the above state ment of the petitioner, I would like to observe that a police officer is bound to receive a complaint when it is preferred to him, or where the commission of an offence is reported to him orally he is bound to take down the complaint. If he does not…