987/2023 Criminal Miscelleneous DR. FATEH ALI S/O YAMEEN (Applicant) V/S THE STATE & ORS (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 09-JUL-24
Minute examination of a case and conducting a fact-finding exercise are not included in the functions of a Justice of Peace but he is saddled with a sense of duty to redress the grievance of the complainant who is aggrieved by the refusal of a Police Officer to register his report. The offenses have been categorized by the Cr.P.C. into two classes i.e., cognizable and non-cognizable. Section 154 of the Cr.P.C. lays down a procedure for conveying information to an S.H.O. to the commission of a cognizable offense, while the provisions of Section 155 (1) of the Cr.P.C. articulates the procedure vis-??-vis a non-cognizable offense. 5. At whatever time, an Officer in charge of a Police Station receives some information about the commission of an offense, he is expected first to find out whether the offense disclosed fell into the category of cognizable offenses or non-cognizable offenses. There is no provision in any law, including Section 154 or 155 of the Cr.P.C., which authorizes an Officer Incharge of a Police Station to hold any inquiry to assess the correctness or falsity of the information before complying with the command of the said provisions. He is obligated to reduce the same into writing, notwithstanding the fact whether such information is true or otherwise. 6. The condition precedent for recording an FIR is that it should convey the information of an offense and that too a cognizable one. The remedy of filing a direct complaint cannot measure or match up to the mechanism provided under section 154, Cr.P.C., in which the Officer Incharge of a Police Station is duty-bound to record the statement and register the FIR if a cognizable offence is made out. If in every case it is presumed or assumed that instead of insisting or emphasizing the lodgment of an FIR, the party may file a direct complaint, then the purpose of recording an FIR, as envisaged under section 154, Cr.P.C., will become redundant and futile and it would be very easy for the police to refuse the registration of an FIR with the advice to file a direct complaint. However, in some exceptional circumstances, the alternate remedy in the shape of a direct complaint may be availed but not in every case. 7. The statutory duty casts upon the officer of a police station to enter information regarding the cognizable offense first and then the investigation comes later to gather evidence and other relevant material to prosecute the identified culprits. No doubt, an Investigating Officer plays a crucial role in the administration of the criminal justice system and the constituent of the investigation report and its worth keeps hold of plenteous value and repercussions on the outcome of any criminal case, but tainted investigations can become an acute obstacle in the administration of justice. In the case of Sughra Bibi vs. State [PLD 2018 SC 595], it was held that during the investigation, the Investigating Officer is obliged to investigate the matter from all possible angles while keeping in view all the versions of the incident brought to his notice and as required by Rule 25.2(3) of the Police Rules, 1934. An Investigating Officer has to find out the truth of the matter under investigation. His object shall be to discover the facts of the case and to arrest the real offender or offenders. He shall not commit himself prematurely to any view of the facts for or against any person. Whereas in the case of Babubhai v. State of Gujrat and others [(2010) 12 SCC 254], the Supreme Court of India held that investigation must be fair, transparent, and judicious as it is the minimum requirement of the rule of law.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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