Law: Criminal Procedure Code (V of 1898)

Section: 154,155,156(3),202,203,204

Law: Pakistan Penal Code, 1860

Section: 217

Law: Police Act, 1861

Section: 29

(a) Criminal Procedure Code (V of 1898)------Ss. 154 & 155---Police Act (V of 1861), S.29---Penal Code. (XLV of 1860), S.217---Registration of criminal case---Duties of Station House Officer--- Complaint disclosing commission of cognizable offence---Effect---Provisions of 5.154, Cr.P.C. are pre-emptory as well as obligatory in nature---Station House Officer has no option but to record the statement of the complainant in the relevant register, where the same discloses the commission of cognisable offence--Where the complaint does not disclose any cognizable offence, the Station House Officer has to record a report under S.155, Cr.P.C.---Omission on part of Station House Officer to do so makes him liable to penal as well as disciplinary action. under relevant rules and S.29, Police Act, 1861 and such act of Station House Officer falls within the ambit of S.217, P.P.C. Muhammad Hanif v The State 1977 PCr.LJ 425 Dilawar AliS.S.P., District East, Karachi 1989 PCr.LJ 814 and Haji Muhammad Khan Ch. Khizar Hayat PLD 1977 Lah. 424 ref. M. Anwar, Barrister-at-Law v. The Station House Officer, Civil Lines Police, Lahore PLD 1972 Lah. 493 and Riaz Ahmad v. State PLD 1994 Lah. 485 rel. (b) Criminal Procedure Code (V of 1898)--. ----S. 156(3)---Remedies provided in, S. 156(3), Cr.P.C. are purposive in nature ---Cognizable offence, investigation of---Powers of Magistrate ---Scope--Where a Magistrate receives a complaint disclosing commission of cognizable offence committed in his area, the Magistrate is empowered to order investigation of the case---Such order of Magistrate may include direction to register a case and investigate the same in accordance with law---Alternatively, the Magistrate may record the statement of complainant under S.200, Cr.P.C. and, thereafter, proceed within the four corners of Ss.202, 203 & 204 of Cr.P.C. Capt. (Retd.) Naqiullah v. Chairman, State Engineering Corporation Ltd. 1989 CLC 2384; Muhammad-Yousaf v. Collector of Sea Customs, Karachi PLD 1969 SC 153; Liaquat Ali and 2 others v. State and another PLD 1989 Kar. 481; State of Behar v. J.A.C. Saldanna AIR 1980 SC 326; Emperor v. Khawaja Nazir Ahmed AIR 1945 PC 18; M. Bashir Saigol and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492