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Intra‑Court Appeal No.705 of 1980, decided on 26th January, 1981.
---S.154‑‑Complaint in a cognizable case‑‑Investigation has to follow after registration of case under S.154, Cr.P.C.
Qazi Muhammad Saleem with Ahmad Saeed Kirmani for Appellant.
Sh. Riaz Ahmad, Advocate‑General Punjab for Respondent No.4.
This is an appeal against the order of the learned Single Judge whereby he directed the appellants to file a complaint in a cognizable case.
2. Learned Advocate‑General submits that inquiry was conducted into the allegations against the S.H.O. respondent No. 4 and no case has been found against him. He, however, concedes that such an inquiry is not envisaged under the Criminal Procedure Code. The investigation A has to follow after the registration of the case under section 154, Cr.P.C. That having not been done the appellants are entitled td relief claimed.
The S.H.O. shall act in accordance with section 154, Cr.P.C. if approached with the commission of a cognizable offence.
The appeal is accepted. The parties shall bear their own costs.
M. Z. M. Petition accepted.
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