Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 295-C---Provisions of S.295-C, P.P.C. are not in conflict with any provision of the Constitution of Pakistan (1973). (b) Criminal Procedure Code (V of 1898)--- ----Ss.154,155,156 & 157---Penal Code (XLV of 1860), S.295-C---Registration and investigation of case---Delay in registering a case, specially in sensitive cases, emanating from the Police practice of obtaining permission from the superior officers---Effect---No formula or any hard and fast rule can be laid down to decide the weight to be attached to such delay; such matter has to be left for the Trial Court to evaluate on the basis of the overall evidence on record in a given case. (c) Criminal Procedure Code (V of 1898)-- ----Ss. 154, 155, 156 & 157---Police Act (V of 1861), S.44---Police Rules, 1934, Rr.2A.1 & 24.2---Registering and investigating a case---If the Police suspecting that there was no reasonable ground for recording F.LR. or making investigation has refused to proceed in the matter, the action of Police cannot be said to be without lawful authority. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 154, 155, 156 & 157---Police Act (V of 1861), S.44---Police Rules, 1934, Rr.24.1 & 24.2---Registering and investigating a case---Whether the Police can investigate into a criminal case after receiving the complaint and .without formally entering the F.LR. in the daily diary. ' In the case of cognizable offences, receipt and recording of a first information report is not a condition-precedent to the setting in motion of .a criminal investigation. No doubt in the great majority of cases, criminal prosecutions are undertaken as a result of information received and recorded in this way, but there is no reason why the police, if in possession through their own knowledge or by means of credible though informal intelligence, which genuinely leads them to the belief that a cognizable offence has been committed, should not of their own motion undertake an investigation into the truth of the matters alleged. Section 157, Cr.P.C. when directing that a police officer, who has reason to suspect from information or otherwise that an offence which he is empowered to…

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