QAISER ZAMAN vs STATION HOUSE OFFICER, P.S. BRIGADE, KARACHI and another
This criminal miscellaneous application was filed before the Sindh High Court seeking the registration of a First Information Report (F.I.R.) after the Station House Officer (S.H.O.) failed to comply with a judicial direction to record the complainant's statement. The core legal question was whether the police are legally bound to record the statement of a complainant and register an F.I.R. when a cognizable offense is disclosed, pursuant to judicial orders and statutory mandates. The court held that the right to register a report is guaranteed and the S.H.O. is legally bound to reduce the complainant's and witnesses' statements into writing, and if a cognizable case is made out, to register the F.I.R. and commence investigation. The court laid down the principle that upon receiving information of a cognizable offense, the police must record the statement verbatim, read it over to the complainant, and register the F.I.R. accordingly.
- Is the S.H.O. legally bound to record the statement of a complainant for the purpose of registering an F.I.R.?
- Whether the failure of a police officer to record a statement warrants the intervention of the High Court under criminal jurisdiction?
- Must the police register an F.I.R. if a cognizable offense is made out from the statement of the complainant?
- Section 154, Code of Criminal Procedure 1898
- Article Constitution of Pakistan 1973
ORDER
1. ' DR. RANA MUHAMMAD SHAMIM, J.-Learned counsel for the petitioner submits that as per order of learned trial Court, dated 23-7-2007 the S.H.O. Concerned was directed to record the statement of the complainant and his witnesses and if found that cognizable, offence is made out, he may ether the information in the book kept under section 154, Cr.P.C. To record such statement and lodge F.I.R.
2. Accordingly. He further submits that in pursuance of the said order complainant approached the concerned police station but neither his statement nor the statements of his 'Witnesses were recorded-by the S.H.O. Concerned. Consequently, he moved another application bearing Criminal Miscellaneous Application No,619 of 2007 before the I-Additional Sessions Judge Karachi East on 30-8-2007 but the same was dismissed having no merit. In the same order it was directed that the complainant should approach the concerned police station for redressal of his grievance. Learned counsel for the applicant submits that his right to register report is guaranteed by the Constitution of Pakistan and the concerned police station/S.H.O. Is legally bound to reduce in writing the statement given by the complainant and his witnesses and after reducing the same in writing the S.H.O./ Officer concerned of the police station has to read out such statement, so reduced in writing in verbatim, and if the complainant disagrees that whatever he has stated has not been written in the statement, he may refuse to sign and agitate before the4Court. The submissions of the learned counsel are legal. Accordingly, this criminal miscellaneous application is allowed, and the S.H.O.
3. Concerned is directed to reeord statement of the complainant in writing and after going through the same if cognizable case is made out, he may register the F.I.R. Accordingly and commence the investigation of the case* if so required.