' SALIM KHAN, J.---The learned counsel for the petitioner contended that, on the complaint of the petitioner, Malik Zahid son of Malik Muhammad Irfan, a cognizable offence was reported to the S.H.O. But the report was recorded on Mad No.18 in the Daily Diary dated 14-11-2006, and no F.I.R.
Was recorded according to the provisions of section 154, Cr.P.C., for which investigation was to be conducted in accordance with the provisions of section 156 of the same Code. He further contended that the information was not regarding a non-cognizable offence and the provisions of section 155 of the said Code were not applicable. It was also argued by him that the provisions of section 157, Cr.P.C. Were not attracted as there was no question of suspicion on information, rather it was a direct information by an aggrieved person.
2. The learned counsel contended that the learned Ex-Officio Justice of Peace (Sessions Judge, Mansehra) was expected to issue appropriate direction for recording/ registration of F.I.R. Of the cognizable offence when complaint was made to him, but he allowed the concerned S.H.O. a free hand and to first inquire and then to act accordingly.
3. The learned D.A.-G. For the State is of the view that the directions of the learned Sessions Judge as Ex-Officio Justice of Peace were proper as it was not yet confirmed whether the offence had been committed actually or not.
4. Investigation is not to be conducted before registration of the case. It is bounden duty of the Officer Incharge of the Police Station to either register, or cause to be registered, the F.I.R. As and when written or oral information is received by him regarding commission of a cognizable offence.
The learned Justice of Peace was expected to direct the concerned Incharge of Police Station to register the F.I.R. A which he has not directed.
5. I, therefore, hold that the original order of the learned Justice of Peace is not only evasive but is not covered by the provisions of section 22-A(6)(i) of the Code of Criminal Procedure, 1898. I, therefore, order the quashment of the said order and direct the concerned Officer Incharge of the police station to register the F.I.R., to investigate the case at the information given by the petitioner, and, after completing investigation, take into consideration the provisions of sections 169, 170 and 173 of the said Code. The Officer Incharge of police station will be at liberty to initiate proceedings against the complainant if it is proved that the complaint was frivolous and false. I .