Mst. REHANA JALAL vs S.H.O. POLICE STATION KOT ADDU, and 3 others
This constitutional petition challenges the dismissal of an application filed under Section 22-A of the Code of Criminal Procedure 1898 by the Justice of Peace. The petitioner sought the registration of an F.I.R. regarding a cognizable offence involving house trespass, molestation, and theft, which the S.H.O. had refused to record. The Justice of Peace had dismissed the application based on a police report characterizing the dispute as civil in nature. Upon review, the High Court observed that the police report relied upon by the Justice of Peace failed to address the specific criminal allegations raised by the petitioner. The Court held that the impugned order was unsustainable due to the lack of proper consideration of the petitioner's allegations. Consequently, the Court disposed of the petition with a direction to the District Police Officer, Muzaffargarh, to ensure the petitioner's statement is recorded by the S.H.O., who is then mandated to proceed in accordance with the law. The judgment reinforces the duty of police authorities to register F.I.R.s for cognizable offences and the necessity for judicial oversight to be based on a thorough examination of the complainant's allegations.
- Can a Justice of Peace dismiss an application for the registration of an F.I.R. without addressing the specific criminal allegations made by the complainant?
- Is a police report sufficient to justify the refusal of an F.I.R. if it fails to reference the specific allegations of a cognizable offence?
- What is the appropriate remedy when a Justice of Peace fails to properly consider a complaint regarding the non-registration of an F.I.R.?
- Section 22-A, Code of Criminal Procedure 1898
ORDER
SAIF-UR-REHMAN, J.--- Grievance of the petitioner voiced through this petition is that she reported information of offence cognizable by the police to S.H.O. Police Station Kot Addu who did not register the F.I.R. She filed application under section 22-A before the learned Justice of Peace, Kot Addu which was dismissed on 26-11-2007. She submitted that in the light of case-law laid down in PLD 2007 SC 539, the S.H.O. Had no option but to record statement of the petitioner and proceed in accordance with law.
2. I have gone through the order of learned Justice of Peace who had obtained report from the police and on the basis of the same found that the dispute was of civil nature which did not require his interference hence the petition moved by the petitioner was dismissed.
3. In copy of the application moved before the learned Justice of Peace the petitioner alleged that on 29-10-2007, at Magrab time private respondents armed with pistols/Sota entered her house, started molesting her daughter Sobia Manzoor, physically tortured the complainant, took her articles mentioned in the application and fled away while extending threats to her.
4. Perusal of report submitted by the A.S.-I. On which the learned Justice of Peace relied or the impugned order does not contain even any reference to the story alleged by the petitioner in the said application.
5. Report of the police and order passed by the learned Justice of Peace therefore, are found to be without any force. Copy of this application shall be forwarded to D.P.O., Muzaffargarh for ensuring that statement for ensuring that statement of the petitioner is recorded by the S.H.O. Who shall proceed in accordance with law thereafter. Disposed of.