Syed QAMBER ALI SHAH vs PROVINCE OF SINDH Ss — 2024 SCMR 1123 SUPREME-COURT

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Syed QAMBER ALI SHAH VS PROVINCE OF SINDH Ss. 154, 155 & 200---Officer Incharge of a Police Station---Receipt of information about commission of an offence---Any time, an Officer Incharge of a Police Station receives some information about the commission of an offence, he is expected first to find out whether the offence disclosed fell into the category of cognizable offences or non-cognizable offences---There is no provision in any law, including Section 154 or 155 of the Cr.P.C., which authorizes an Officer Incharge of a Police Station to hold any enquiry to assess the correctness or falsity of the information before complying with the command of the said provisions---He is obligated to reduce the same into writing, notwithstanding the fact whether such information is true or otherwise---Condition precedent for recording an FIR is that it should convey the information of an offence and that too a cognizable one---Remedy of filing a direct complaint cannot measure or match up to the mechanism provided under section 154, Cr.P.C., in which the Officer Incharge of a Police Station is duty bound to record the statement and register the FIR if a cognizable offence is made out---If in each and every case it is presumed or assumed that instead of insisting or emphasizing the lodgment of an FIR, the party may file a direct complaint, then the purpose of recording an FIR, as envisaged under section 154, Cr.P.C., will become redundant and futile and it would be very easy for the police to refuse the registration of an FIR with the advice to file direct complaint---However, in some exceptional circumstances, the alternate remedy in the shape of direct complaint may be availed but not in every case.

Syed QAMBER ALI SHAH vs PROVINCE OF SINDH Ss — 2024 SCMR 1123 SUPREME-COURT

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