MUHAMMAD HASSAN vs STATION HOUSE OFFICER, SUKKUR and 2 others
This criminal miscellaneous application challenged an order passed by the Additional Sessions Judge, Sukkur, which dismissed the applicant's petition filed under Sections 22-A and 22-B of the Code of Criminal Procedure 1898. The applicant had sought a direction to the Station House Officer to register an FIR regarding an incident. The record indicated that an NC report had been filed on 12-7-2008, which was subsequently converted into an FIR on 19-7-2008 following the receipt of a medical certificate. The police investigation concluded with a recommendation to dispose of the case in 'C' class. The applicant contended that his version was not accurately recorded in the FIR and that his thumb impression was not obtained. The Court observed that an FIR had already been registered. It held that if the applicant remained aggrieved by the police investigation or the contents of the FIR, the appropriate remedy was to approach the competent court of law, such as by filing a direct complaint. Consequently, the application was disposed of, leaving the applicant to pursue alternative legal remedies.
- Does the registration of an FIR based on an NC report preclude a petitioner from seeking further relief under Sections 22-A and 22-B of the Code of Criminal Procedure 1898?
- What is the appropriate legal remedy for a complainant who is dissatisfied with the contents of an FIR or the subsequent police investigation?
- Section 22-A, Code of Criminal Procedure 1898
- Section 22-B, Code of Criminal Procedure 1898
- Section 154, Code of Criminal Procedure 1898
ORDER
1. ' ABDUR REHMAN FARUQ PIRZADA, J.---The applicant has challenged the order dated 15-8-2008 passed by learned Additional Sessions Judge, (H) Sukkur on the application under sections 22-A and 22-B, Cr.P.C. In the said application, the applicant had made a specific prayer that the respondent No,1 be directed to register the F.I.R of the applicant against the accused persons, which he was bound to register under section 154, Cr.P.C. It appears that the applicant had approached PS "C". Section Sukkur on 12-7-2008, on which date his NC report was recorded, whereafter the letter for' medical treatment and certificate was issued. Subsequently on receipt of the final medical certificate, the said NC report was incorporated into F.I.R on 19-7-2008. As per impugned order, the applicant and his counsel remained absent without information, hence the application was dismissed in non-prosecution as well as on merits, since the F.I.R of the same incident was stated to have already been lodged.
2. ' S.I.P./S.H.O. Rao Shafiullah PS "C" Section Sukkur has filed his statement, according to which the NC report of application was recorded in rozenamcha book on 12-7-2008, and subsequently the same was incorporated into F.I.R. The case has been duly investigated into, and report has been submitted with the recommendation that the case may be disposed of in "C" class.
3. ' Learned counsel for the applicant has contended that actually the version of complainant was not correctly recorded in the F.I.R, and even thumb-impression of the applicant was not obtained at Police Station.
4. ' Learned State counsel has submitted that proper F.I.R of the applicant has already been registered and it will be open for the applicant to approach the concerned Court of Magistrate, or in the alternative to approach the Court of Sessions Judge, by way of filing direct complaint.
5. It is evident that one F.I.R registered by the applicant is on record. In case' the applicant feels aggrieved with the investigation of police or with regard to the contents of the F.I.R, then he may pursue proper remedy before the competent Court under the provisions of law.
6. ' In the above terms, the Cr. Miscellaneous Application is disposed of along with listed applications.
Cited by 1 case
- SABAR HUSSAIN etc. vs INSPECTOR GENERAL OF POLICE, AJ&K & others 2014 PLJ AJ&K 393