Legal Case Summary

Case Details
Case ID 22ad447e-4ca3-4c37-80e2-750c9c64fd47
Body View case body.
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)