Law:

Section:

Conciliation Courts Ordinance (XLV of 1961), S. 18---Scope---Concurrent jurisdiction of criminal Courts, under S. 18, to try cognizable case---Arises only in case where there has been police investigation and such investigation had been by police officer competent to investigate either on basis of F. I. R. lodged at police station or under direction of a Magistrate---Trial and convic­tion by Magistrate in absence of such circumstances----Illegal. Section 18 of the Conciliation Courts Ordinance, 1961, clearly contemplates an investigation by a competent Police Officer into a cognizable offence and only where after such investigation a case is submitted to the criminal Court by the police the criminal Court may, if it thinks fit, direct that the case be referred to conciliation under the Ordinance or try it itself. Now to enable the police to investigate a cognizable case it is necessary that an information must be lodged at a Police Station under section 154 of the Criminal Procedure Code and it is only in such circumstances that the jurisdiction to investigate arises. Again under section 156, Cr. P. C. it is not every Police Officer who has the jurisdiction to investigate but only a Police Officer in charge of a Police Station and on the receipt of information referred to in section 154, Cr. P. C. or under orders of a Magistrate under subsection (3) of section 156. Any other Police Officer can investigate only if he is deputed to do so by the Officer-in-Charge of a Police Station. Any Police Officer may arrest a person who commits a cognizable offence in his…

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