Mst. SHAZIA MAI vs JUSTICE OF PEACE and others
This writ petition was filed by Mst. Shazia Mai seeking a direction to the Station House Officer (respondent No. 2) to register a First Information Report based on her application previously directed by the Justice of Peace. The core legal question was whether the police are mandatorily bound to record an F.I.R. upon receiving information disclosing a cognizable offense pursuant to an order of the Justice of Peace and statutory provisions. The Lahore High Court held that under Section 154 of the Code of Criminal Procedure 1898, it is the mandatory duty of a police officer to register an F.I.R. of a cognizable offense. Consequently, the court directed the respondent S.H.O. to record the petitioner's statement and provide a copy of the F.I.R. without delay, disposing of the petition accordingly.
- Is a police officer mandatorily bound to register an F.I.R. under Section 154 of the Code of Criminal Procedure 1898 upon disclosure of a cognizable offence?
- Can the High Court direct the S.H.O. to record the statement of a petitioner and issue a copy of the F.I.R. pursuant to an order by the Justice of Peace?
- Section 154, Code of Criminal Procedure 1898
ORDER
' HAFIZ ABDUL REHMAN ANSARI, J.---Through this writ petition, the petitioner, Mst. Shazia Mai seeks issuance of a direction to respondent No,2 to lodge F.I.R. Against the accused persons named in the petitioner's application filed before the respondent No, 1.
2. Learned counsel for the petitioner contends that Justice of Peace/ learned Additional Sessions, Multan vide order dated 17-9-2009 directed the S.H.O., Police Station Budhla Sant to register a case, if from the contents of the application, cognizable offence is made out; further submits that in the light of the order dated 17-9-2009 by Justice of Peace, Multan, petitioner submitted application before respondent No,2/S.H.O., Police Station Budhla Sant, Multan but he has not recorded the statement of the petitioner under section 154, Cr.P.C. Qua which he is bound to do so. I am fortified by the judgment of the honourable Supreme Court of Pakistan reported in 1993 SCM R 550, titled as Syed Saeed Muhammad Shah and another v. The State few lines of para. 10 of the said judgment are reproduced here for guidelines:-- "In part V of the Criminal Procedure Code there is Chapter XIV containing sections 154 to 176 which relate to the information to the police and their powers to investigate. These provisions cover information in cognizable cases as well as in non-cognizable cases. Under section 154, Cr.P.C. It is mandatorily bounden duty of the police officer to register F.I.R. Of a cognizable offence."
3. Respondent No,2/S.H.O., Police Station Budhla Sant is directed to record the statement of the petitioner and hand over a copy of F.I.R. To the petitioner without any delay.
4. Disposed of with the above direction.