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Petitioner: Ch. SHAH MUHAMMAD VS Respondent: S. H. O., RAHIMYER KHAN AND 2 OTHERS
Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: Ch. SHAH MUHAMMAD vs S. H. O., RAHIMYER KHAN AND 2 OTHERS Case No.: Writ Petition No, 821 of 1976 Date of Judgment:1976-03-30 Reported As: 1977 P Cr. L J 2 Result: Petition dismissed
Judgment ORDER ' From the averments in the petition, it appears that the petitioner made a report of the alleged incident to the Police, but they refused to register the case or make any investigation in that respect and simply made an entry in the daily diary of the police station. According to rule 24.4 of the Punjab Police Rules "if the information or other intelligence relating to the alleged commission of a cognizable offence, is such that an officer-in-charge of a police station has reason to suspect that the alleged offence has not been committed, he shall enter the substance of the information or intelligence in the station diary and shall record his reasons for suspecting that the alleged offence has not been committed and shall also notify to the informant, if any, the fact that he will not investigate the case or cause it to be investigated", In sub-rule (3) of Rule 24.4, it is further written that "when reasonable suspicion of such commission arises a First Information Report shall be recorded in the police station concerned and investigation under section 157, Criminal Procedure Code, shall be made". To the same strain is Rule 24.1 of the Punjab Police Rules. These Rules are in line with the proviso to section 157 and section 154 of the Cr. P. C. In that view of the matter, if the Police, suspecting that there was no reasonable ground for recording the F. I. R. Or making the investigation, has refused to proceed in the matter, the action of the police cannot be said to be without lawful authority. Moreover the petitioner, in my opinion, has also a remedy, if he is so advised, to file a complaint before a Court of competent jurisdiction. For both these reasons I do not entertain the present petition and dismiss the same in limine.