A refusal at the police station counter is not the end of the matter. Where information disclosing a cognizable offence is given and the officer in charge declines to record it, the law provides a remedy that does not depend on the goodwill of that police station.
The remedy: an application to the Justice of Peace
Sections 22-A and 22-B of the Code of Criminal Procedure confer powers on an ex-officio Justice of Peace — in practice, the Sessions Judge or an Additional Sessions Judge — to issue directions to the police. An application may be moved for a direction to register an FIR where a cognizable offence is disclosed, or for a direction concerning an investigation that is being conducted improperly.
Build the record first
The application is decided on the material placed before the court, so the paper trail is what carries it:
- A written application to the SHO of the police station concerned, and proof that it was delivered — a received copy, a courier receipt or an acknowledgement
- A complaint to the higher police authorities, if one was made
- Any medico-legal report, photographs, CCTV footage or messages relating to the incident
- Details of witnesses, with their particulars
- Your CNIC and the dates and times of each attempt to have the FIR registered
What the order does and does not do
A direction to register an FIR is not a finding that the accused is guilty, and it does not decide the investigation. It sets the criminal process in motion, after which the investigation proceeds in the ordinary way and results in a report under section 173 Cr.P.C. Understanding that limit at the outset avoids disappointment later.
Where a civil dispute is being dressed up as a crime
The same forum has a second use. Where a purely civil dispute — over money, property or a business arrangement — is being converted into a criminal case in order to apply pressure, that misuse is a matter to be raised, and it forms part of the ground for challenging the proceedings.
The chamber handles criminal litigation matters in Karachi. See what criminal litigation covers, or call +92 333 7599963 to discuss your case.
This article is general information about Pakistani law and is not legal advice on any particular matter. Law and procedure change, and every case turns on its own facts. Please obtain advice on your own situation before acting.