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State of Jammu-Kashmir - Section

Section 157 in The Code of Criminal Procedure, 1989 (1933 A. D.)

157. Procedure where cognizable offence suspected.

(1)If from information received or otherwise an officer-in-charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person or shall depute one of his subordinate officers not being below such rank as [the Government] [Substituted for the words 'His Highness' by Act X of 1996.] may by general or special order prescribe in this behalf to proceed the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender.Provided as follows :Where local investigation dispensed with. - (a) When any information as to the commission of any such offence is given against any person by name and the case in not of a serious nature, the officer-in-charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot ;Where police officer-in-charge sees no sufficient ground for investigation. - (b) If it appears to the officer-in-charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.
(2)In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer-in-charge of the police station shall state in his said report his reasons for not fully complying with the requirements of that sub-section and, in the case mentioned in clause (b), such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by [the Government] [Substituted for the words 'His Highness' by Act X of 1996.], the fact that he will not investigate the case or cause it to be investigated.