SANAULLAH vs STATION HOUSE OFFICER POLICE STATION NUSHKI S — 2022 MLD 990 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 990 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: SANAULLAH vs STATION HOUSE OFFICER POLICE STATION NUSHKI S
Subject matter: Criminal
Provisions referred to: S. 155---I; S. 155

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

SANAULLAH VS STATION HOUSE OFFICER POLICE STATION NUSHKI 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 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 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. Head NotesCase Description

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