ZEESHAN ANJUM vs State Chap — 2022 MLD 1091 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1091 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: ZEESHAN ANJUM vs State Chap
Subject matter: Criminal
Provisions referred to: S. 154---O; S. 462-O; S. 154; S. 155; S. 190; Criminal Procedure Code (V of 1898); Penal Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZEESHAN ANJUM VS State Chap. XVII-B [Ss. 462-G to 462-P]---Criminal Procedure Code (V of 1898), S.154---Offences relating to electricity---Information in cognizable cases---Registration of FIR---Scope---Chapter XVII-B was inserted in Penal Code, 1860, to deal with offences relating to theft of electricity and Sched.II of Code of Criminal Procedure, 1898, was also amended so as to make offences mentioned in the above Chapter as cognizable and non-bailable, which means that for cognizable offence, registration of FIR is permissible---However, a conditional cognizance under S. 462-O of P.P.C. was introduced---Conditional cognizance has produced a match between cognizance and cognizable offence or taking cognizance and registration of FIR---Cognizance is a later stage in a criminal process when the court for the first time takes notice of an offence on a police report or on a complaint by a private person---Before that criminal process is initiated under S. 154, Cr.P.C., for cognizable offences and S. 155, Cr.P.C., for non-cognizable offences, it has to pass through the stage of investigation, purpose whereof is collection of evidence which guides to prosecute or not to prosecute---In ordinary offences, court under S.190, Cr.P.C., is authorized to take cognizance plainly on a police report or on a private complainant within the contours of such section without attending any peculiar condition; but in certain situations, cognizance is restricted based on public policy in order to govern the cases with controlled prosecution.

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