1. Inherent powers stemping from section 561-A Cr. P. C. are invoked so as to quash FIR No.43/1998 registered at Police Station Handwara and to arrest the investigations thereon. The grounds on which the jurisdiction is invoked are briefly put as under:-

2. A complaint for the offences under section 465 and 467 Cr. P. C. was laid by the non-petitioner herein, Gh. Rasool Wani, in the court of Chief Judicial Magistrate, Handwara. This happened on 26-3-1998. The Chief Judicial Magistrate recorded the statement of the complainant and other witnesses there-about referred it under section 202 Cr. P. C. to the S. P. O. of his court for inquiry. The S. P. O. furnished the report whereon the Chief Judicial Magistrate took cognizance of the occurrence on 4-9-98 against four of the five accused persons. The petitioner herein who had been arraigned as the co-accused in the complaint, was left out by not being summoned by the Chief Judicial Magistrate.

3. Having filed the complaint the complainant, Gh. Rasool Wani, laid the information report about the occurrence with the police stationed at Handwara whereat the case FIR quoted above came to be registered for the offences punishable under section 419,467 and 109 R. P. C. The investigation in the case is pending.

4. The petitioner herein projects his case, for intervention under section 561A Cr. P. C. that as the court had refused to take cognizance of the occurrence in respect of his involvement in the commission of the alleged offences, so the police could not have registered the case about that very occurrence where-about the Magistrate had taken the cognizance and not arraigned the petitioner as the co-accused. It is on this reasoning that the quashment of the FIR is sought.

5. Chapter 5 of the Code of Criminal Procedure deals with the information to police and their powers of investigating the cases. Section 154 provides that every information relating to the commission of a cognizable offence, if given orally to an officer-in-charge of a police station, shall be reduced into writing by the officer-in-charge and be read over to the informant which shall be signed by him. The substance of information, oral or written, is required to be entered in a book to be kept by such officer and the copy of the information as recorded has to be provided to the informant, against a proper receipt. Section 155 prescribes the procedure when the information is given to the in-charge of the police station of the commission, within the limits of such station, of a non-cognizable offence. Section 156 provides that any officer I/C Police Station may investigate any cognizable case, with or without the order of Magistrate of the local area within whose local limits such police station is located. Section 157 provides the procedure for investigation where commission of a cognizable offence is suspected by an officer-in-charge of the police station. It mandates that If from information received or otherwise an officer-in-charge has a 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 the Magistrate empowered to take cognizance of such offence upon a police report and shall proceed or depute one of his sub-ordinate officers to investigate the facts and to take measures for the discovery and the arrest of the offender. It is only on the basis of reason to suspect the commission of an offence that the in-charge police officer registers the case and investigate it.

6. Section 190 of the Code empowers the Chief Judicial Magistrate or any other Judicial Magistrate, specially empowered in that behalf, to take cognizance of any offence upon receiving a complaint of facts which constitute such offence, or upon a report in writing of such facts made by the police officer.

7. It is thus rightly contended that section 157 of the Code clothes the officer-in-charge of the police station not only to register the case about t

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