' HAFIZ ABDUL REHMAN ANSARI, J.---Through this writ petition, the petitioner is assailing order dated 19-9-2009, passed by Justice of Peace/Additional Sessions Judge, Khanewal on the petition filed by respondent No,4 under section 22-A, Cr.P.C. For registration of a case against present petitioners.
2. Station House Officer, Police Station Thatha Sadiqabad will record the statement of the petitioner under section 154, Cr.P.C. The police officer/DIG, Police Range is directed to depute a police officer of good repute to investigate the matter of the F.I.R. Not below the rank of police officer of. S.P. And if the F.I.R. In the investigation is found false, legal action against the complainant, will be initiated within the parameters prescribed by law.
3. Station House Officers are bound to record statement under section 154, Cr.P.C. If from the contents of the complaint a cognizable offence is made out. I am fortified in this regard from the judgment of the Supreme Court reported in 1993 SCM R 550 A few lines of para-10 from the judgment are reproduced hereunder:-- "In Part-V of the Criminal Procedure Code there is Chapter XIV containing sections 154 to 176 which relate to the information to the police and their powers to investigate. These provisions cover information in cognizable cases as well as in non-cognizable cases. Under section 154, Cr.P.C. It is mandatorily bounden duty of the police officer to register F.I.R. Of a cognizable offence."
' I am also fortified from the judgment titled Muhammad Bashir v. Station Officer, Okara Cantt and others PLD 2007 Supreme Court 539 in which valuable and comprehensive discussion about the duties of Station House Officer with regard to registration of F.I.R. Is available. In the above cited case, petition under section 22-A, Cr.P.C. For registration of case was filed before the Justice of Peace. Learned Justice of Peace/Additional Sessions Judge first called the comments and then passed an order on the petition. In this judgment comments called for by the Justice of Peace/Additional Sessions Judge from S.H.O. Concerned are disapproved by the Honourable Supreme Court. Learned Justice of Peace/Additional Sessions Judge are used to call comments from the Station House Officers in petition under section 22-A, Cr.P.C, which in my opinion is utter violation of dictum laid down in Muhammad Bashir's case (supra), relevant paras. Nos. 13 and 18 are reproduced from the said judgment:-- "It may be reiterated and even emphasized that there was no provision in any law, including the said section 154 or 155 of the Cr.P.C. Which authorized an Officer Incharge of a Police Station to hold any enquiry to assess the correctness or the falsity of the information received by him before complying with the command of the said provisions which obliged him to reduce the same into writing irrespective of the fact whether such an information was true or otherwise."
"What, therefore, transpires from the above noticed scheme, the spirit, the intention and even the letter of the relevant law was that there was no room for any inquiry into the veracity of the information received by an Officer Incharge of a Police Station with respect to the commission of an offence and he was consequently clothed with no authority to refuse to record an F.I.R. Only because, in his opinion, the information conveyed to him, lacked credibility."
4. With the above observation and discussion, this writ petition is dismissed in limine.