| Case ID |
22ad447e-4ca3-4c37-80e2-750c9c64fd47 |
| Body |
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| Case Number |
Crl. Misc. Appln. No. S-173 of 2021 |
| Decision Date |
May 21, 2021 |
| Hearing Date |
May 21, 2021 |
| Decision |
The court ruled that the S.H.O. is not automatically required to investigate a cognizable offence reported to him. The S.H.O. must assess the credibility of the allegations made. If the allegations appear to be false or frivolous, the S.H.O. has the discretion to avoid initiating an investigation. However, the S.H.O. is required to record any statements made and may lodge an F.I.R. if deemed appropriate after careful consideration. The court emphasized the importance of conserving resources and time in cases where the circumstances indicate that the report may not necessitate an investigation. The ruling also clarified that directives from a Judicial Officer to record statements do not automatically equate to a requirement for filing an F.I.R., unless explicitly stated. |
| Summary |
This case from the Sindh High Court explores the responsibilities of the S.H.O. when cognizable offences are reported. The ruling clarifies that while the S.H.O. must record statements made by complainants, he is not bound to investigate every report, particularly when the allegations appear dubious. The court emphasized the need for police discretion in determining whether an investigation is warranted, citing the potential waste of resources on false or frivolous claims. This legal precedent underscores the balance between upholding the rights of individuals to report crimes and the necessity for law enforcement to act judiciously. The implications of this case are significant for future proceedings and police protocols, as it provides clear guidelines on how to handle reports of cognizable offences and the importance of substantiating claims before proceeding with investigations. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
Not available
|
| Judges |
FAHIM AHMED SIDDIQUI, J.
|
| Lawyers |
Mr. Anwar Ali Lohar,
Mr. Muhammad Aslam Gadani,
Mr. Aftab Ahmed Shar
|
| Petitioners |
another,
MASHEER AHMED
|
| Respondents |
2 others,
SABIR HUSSAIN SHAH
|
| Citations |
2022 SLD 1997,
2022 PLJ 824
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Police Rules, 1934
|
| Sections |
154,
561-A,
24,
4(2)
|