MUHAMMAD ZUBAIR MALIK vs S.H.O. and 5 others

ORDER

' FAZAL-E-MIRAN CHAUHAN, J.--- Through this writ petition the petitioner has impugned the order, dated 14-4-2007 passed by the learned Additional Sessions Judge, Ferozwala; whereby he dismissed the petition moved under sections 22-A and 22-B, Cr.P.C. On the ground that the offence under section 467, P.P.C. Is non-cognizable offence, therefore, order for registration of the case cannot be made.

2. Learned A.A.-G. Submits that it is duty of the Officer Incharge of the police station to entertain such application and to proceed strictly under section 155, Cr.P.C.

3. Having heard the learned counsel for the parties, it is made clear that section 155, Cr.P.C. Deals with the non-cognizable offences which is as under:--

(1) When 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 information to the Magistrate.

4. Section 155, Cr.P.C. Provides that when an application is received by the Incharge of the police station as to the commission of non-cognizable offence, he should make entries in a book (Roznamcha) maintained for the purpose and without any investigation, shall refer the matter to the Magistrate for orders and after obtaining appropriate orders from him, he shall proceed in accordance with subsection (3) of section 155, Cr.P.C. In the instant case the application was submitted to the S.H.O., copy of the same was also submitted to D.P.O. Of the District but no action was taken. Finally application under sections 22-A and 22-B, Cr.P.C. Was moved seeking direction in the name of concerned S.H.O. To take appropriate action in accordance with law. The learned Additional Sessions Judge dismissed the application simply on the ground that no order for registration of case can be passed by him with regard an offence, which is non-cognizable. The learned Additional Sessions Judge has failed to apply his judicial mind to the legal proposition.

Obviously no order for registration of case could be passed but he should have directed the S.H.O.

Concerned to receive the application, entertain the same in the Roznamcha and thereafter under subsection (2) of section 155, Cr.P.C. Apply to the Magistrate seeking permission to investigate the matter and proceed strictly in accordance under subsection (3) of section 155, Cr.P.C.

' Resultantly, this petition is allowed and impugned order, dated 14-4-2007 is set aside. The S.H.O.

Concerned is directed to make entry in the Roznamcha Waqiati of the police station, if the application is submitted by the petitioner and shall apply to the Magistrate concerned seeking permission to investigate in the matter and thereafter shall proceed strictly in accordance with law.