SEETA RAM vs State Ss — 2025 SCMR 2028 SUPREME-COURT

Case information

Citation: 2025 SCMR 2028 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: SEETA RAM vs State Ss
Subject matter: Criminal

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

SEETA RAM VS State Ss. 2(f), 2(n), 155, 156 & 157---Expressions "cognizable" and "non cognizable" case---Object, purpose and scope---Expressions "cognizable" and "non cognizable"are defined under sections 2(f) and 2(n), Cr.P.C. respectively---In case of a cognizable offence, section 156, Cr.P.C. empowers any police officer in charge of a police station to investigate without order of a Magistrate, while section 155, Cr.P.C. places a clog on the power of police officer, who cannot investigate without a specific order of Magistrate competent in such regard as has been mandated under section 155(2), Cr.P.C.---Expression "shall" in both sections 155 and 156 Cr.P.C., makes it a mandatory statutory obligation of incharge of a Police Station to enter such information in relevant prescribed book or register FIR---If information relates to commission of a cognizable offence given orally or in writing then incharge of police station has no option except to enter it in the book prescribed for such purpose---In case of a non-cognizable offence, it is a statutory duty to enter the information in relevant prescribed book but investigation cannot be commenced or carried out without obtaining a specific order from a Magistrate competent in this regard.

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