2022 M L D 990
[Balochistan]
Before Rozi Khan Barrech, J
SANAULLAH ---Petitioner
Versus
STATION HOUSE OFFICER POLICE STATION NUSHKI and 3 others ---
Respondents
C.P. No.457 of 2020, decided on 12th June, 2020.
(a) Criminal Procedure Code (V of 1898) ---
----Ss.22- A, 22- B & 155 ---Penal Code (XLV of 1860), Ss. 427 & 504--- Powers of Ex- officio
Justice of Peace--- Scope ---Information in non- cognizable cases ---Intentional insult with
intent to provoke breach of peace ---Scope ---Petitioner assailed order passed by Ex- officio
Justice of Peace whereby SHO was directed to place complaint of petitioner before the
Magistrate ---Allegations levelled in the complaint, prima facie, attracted Ss. 504 & 427,
P.P.C., which as per Column 3, Chapter XXII of Sched. II t o the Criminal Procedure Code,
1898 were, non- cognizable offences ---Station House Officer of Police Station was required
under S.155(1), Cr.P.C., to enter the substance of such information in the relevant book kept
at the police station and refer the infor mant to the Magistrate ---Constitutional petition was
dismissed, in circumstances.
(b) Criminal Procedure Code (V of 1898) ---
----S.155---Information in non- cognizable cases ---Scope ---Section 155, Cr.P.C., provided
that for recording information relating to commission of non -cognizable offence a book is
prescribed known as "Roznamcha or Station Diary", in which information relating to commission of non- cognizable offence is entered ---Generally police would not initiate any
action and the complainant or infor mant, after having a copy of the said report is sent away,
and if, the Station House Officer (SHO) deems it fit to initiate investigation then under subsection (2) of S.155, Cr.P.C., police has to take permission of the Magistrate ---Section
155(2), Cr.P.C. , requiring order of a Magistrate for investigation of a non- cognizable offence
is mandatory in nature, if any arrest is to be made then it can only be made after obtaining warrant of arrest from the Magistrate as required under S.155(3), Cr.P.C.
Syed Sal eem Akhtar for Petitioner.
Date of hearing: 10th June, 2020.
ORDER
ROZI KHAN BARRECH, J .----Through this petition, the petitioner has called in
question the validity of the order dated 20.05.2020, (hereinafter "the impugned Order")
passed by learned Ex -Officio Justice of Peace/Sessions Judge, Noshki (hereinafter "the trial
Court"), on Criminal Misc. Application No.03 of 2020, under section 22- A of Code of
Criminal Procedure, 1898 (hereinafter the "Cr.P.C") filed by the petitioner.
2. Brief facts of the ca se are that the petitioner filed an application under Section 22- A,
Cr.P.C., before the trial court with the averment that the private respondents without any justification started interference in the property of the petitioner, in respect whereof both the
parties are in litigation before the learned Senior Civil Judge Noshki and in this regard order has been passed by the said court to maintain status quo but, despite that the private respondents are threatening the petitioner for dire consequences; and ha ve also caused
damage to his motorcycle. The matter was reported to the police hut no action whatsoever was taken against the private respondents. Thereafter the petitioner filed an application under Section 22 -A, Cr.P.C., before the trial court, which was disposed of with the following
direction to the concerned SHO:
"03 ......... for which the SHO is required to file the same before the court of Judicial Magistrate, Noshki..."
Hence, the instant petition.
2(sic) I have heard the learned counsel for the petitioner and have perused the entire
record. Perusal of the case file reveals that the allegation leveled against the respondent is with regard to damages to the motorcycle of the petitioner which falls wit hin the mischief of
section 427, Cr.P.C., and section 504, P.P.C., about the alleged threat given by the respondent to the petitioner. These offences are non- cognizable.
3. There are two classes of criminal offences namely cognizable and non -cognizable,
having been categorized by the Code of Criminal Procedure, 1898. The information relating
to the commission of cognizable offence is dealt with under section 154 of Code of Criminal Procedure, 1898 and whereas the information relating to the commission of non -cognizable
offence is dealt with under section 155(1) of Code of Criminal Procedure, 1898. For the sake of convenience both the aforesaid provisions are reproduced here: -
"154. Information in cognizable cases. Every information relating to the commissi on
of a cognizable offence if given orally to an officer in -charge of a police station, shall
be reduced to writing by him under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as
aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Provincial Government may prescribe in this behalf."
"155. Information in non- cognizable cases. (1) Whe n information is given to an
officer in -charge of a police- station of the commission within the limits of such
station of a non- cognizable offence, he shall enter in a book to be kept as aforesaid
the substance of such information and refer the informant t o the [Magistrate]."
4. A bare reading of the ibid section discloses that for recording of information of
commission of non- cognizable offence a book is prescribed known as "Roznamcha or Station
Diary" in which information relating to commission of non- cognizable offence is entered and
generally police would not initiate any action, and the complainant or informant, after having
a copy of the said report is sent away, and if, the Station House Officer (SHO) deems it fit to
initiate investigation then under subsection (2) of section 155, Cr.P.C. police had to take
permission of the Magistrate. Provision of subsection 155(2), Cr.P.C. requiring order of a
Magistrate for investigation of a non- cognizable is mandatory in nature, if any arrest is to be
made then i t can only be made after obtaining warrant of arrest from the Magistrate as
required under section 155(3), Cr.P.C.
5. Perusal of the impugned order dated 20th May 2020 passed by the trial court it
revealed that there is a dispute between the parties over i mmoveable property and the learned
Sessions Judge has directed the concerned SHO that "to file the same before the Judicial Magistrate Noshki". The allegation prima facie attracts sections 504, 427, P.P.C. which as per Column 3, Chapter XXII of Schedule -II to Criminal Procedure Code are non -cognizable
offences. The concerned SHO is required under Section 115(1) of Code of Criminal Procedure, 1898 to enter the substance of such information in the relevant book kept at the Police Station and refer the informant to the Magistrate.
The crux of the above discussion is that finding no substance in the instant writ
petition the same is hereby dismissed in limine.
SA/169/Bal. Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.