16/10/2022
اندراج مقدمہ سے قبل 157 ض ف کے تحت کاروائی عمل میں نہ لائی جاسکتی ھے۔SHO دفعہ 157 ض ف کا سہارا لیکر مقدمہ درج کرنے سے انکار نہ کر سکتا ھے
Section 157 of the Code read with Rule 24.4 cannot be employed before the registration of a criminal case under Section 154 of the Code. When information of a cognizable offence is received by the SHO, he cannot embark upon an inquiry to examine the reliability or credibility of such information to refuse the registration of a criminal case. He is under a statutory duty to register a criminal case and then to proceed with the investigation, if he has reason to suspect the commission of an offence, which he is empowered under Section 156 to investigate, subject to proviso (b) to Section 157(1) of the Code read with Rule 24.4 of the Rules, whereby an investigating officer has the ample power to dispense with the investigation altogether.
Conjunctural reading of Section 154 of the Code and Rule 24.1(1) of the Rules makes it abundantly clear that on receiving the information regarding the commission of a cognizable offence, the same shall culminate in the registration of a criminal case. The legislature by using the word 'every' to qualify the word 'information', ultimately left no discretion with an SHO to refuse the registration of a criminal case after receiving information regarding the commission of a cognizable offence. The words 'every information' clearly postulate that the legislature designedly abstained from further qualifying these words. It can be observed that in Section 154 of the Code, the legislature in its collective wisdom carefully and cautiously used the expression 'every information' contrary to Sections 22-A(3)(a) and 54 of the Code wherein the expressions, 'reasonable complaint' and 'credible information' have been used. Apparently, the use of the words 'every information' in Section 154 unlike in Sections 22-A(3)(a) and 54 of the Code is for the reason that the SHO should not have the power to refuse to record the information relating to the commission of a cognizable offence and to register a case thereon on the ground that he is not satisfied with the reasonableness or credibility of the information. In other words, 'reasonableness' or 'credibility' of the said information is not a condition precedent for the registration of a criminal case. A comparison of the present Section 154 of the Code with those of the earlier Codes indicates that the legislature had intentionally thought it appropriate to employ only the words 'every information' without qualifying the said words. An overall reading of all the Codes makes it clear that sine qua non for recording a first information report is that there should be an information and that information must disclose the commission of a cognizable offence.
Section 156 of the Code confers the power upon a police officer to investigate a cognizable offence whereas Section 157 lays down the manner, in which that investigation should be carried out. The commencement of investigation by a police officer under Section 157 (1) of the Code is subject to two conditions, firstly, the police officer should have reasons to suspect the commission of a cognizable offence and secondly, the police officer should subjectively satisfy himself as to whether there is sufficient ground for entering on an investigation even before he starts an investigation into the facts and circumstances of the case. Under the provisos (a) & (b) to Section 157 (1) of the Code, there are situations where investigation can be dispensed with. Firstly, when any information as to the commission of a cognizable offence is given against a person by name and case is of a trivial nature, the investigating officer shall not make an investigation on the spot and secondly, where it appears to the officer incharge of police station that there is no sufficient ground for carrying out the investigation. Section 158 of the Code further lays down the self-explanatory procedure to submit a report under Section 157 of the Code. 7. Comprehensive scrutiny of Sections 154, 156, 157 and 158 of the Code makes it abundantly obvious that Section 157 read with Rule 24.4 of the Rules is post registration of criminal case stage, therefore, Section 157 read with Rule 24.4 cannot be pressed into service before the registration of a criminal case. It is only the registration of a criminal case which activates Rule 24.4 of the Rules read with Section 157 of the Code.
Criminal Proceedings
9549/21
Arsalan Raza Vs JOP Gujrat etc
Mr. Justice Ali Zia Bajwa
07-09-2022
2022 LHC 6953
Apex Law Company
