Where an aggrieved person could seek remedy against the Officer In-charge of a police station who refused registration of FIR?--How the JOP should decide the applications under section 22-A (6), Cr.P.C. while exercising his powers under quasi-judicial?

2022 LHC 7848

(i) If there is an information relating to the commission of a cognizable offence, where such information is reported and under what provision of law?

(ii) where an aggrieved person could seek remedy against the Officer In-charge of a police station who refused registration of FIR?

(iii) whether the provisions of section 22-A(6), Cr.P.C. make it obligatory for an ex-officio Justice of the Peace to necessarily or blind-foldedly issue a direction regarding registration of a criminal case whenever a complaint is filed before him in that regard?

(iv) what is the nature of functions which the JOP performs and as to whether the same are executive, administrative, ministerial or quasi-judicial? and

(v) how the JOP should decide the applications under section 22-A (6), Cr.P.C. while exercising his powers under quasi-judicial?

To start and to understand the criminal justice system with regard to registration of criminal case, the first point for elucidation is that if a person is aggrieved by the commission of cognizable offence, where and before whom such information is provided? To answer this basic question, it is observed that if there is an information relating to the commission of a cognizable offence, it falls under section 154 of the Code of Criminal Procedure.

From the perusal of above, there is no gainsaying the fact that the provisions of section 154, Cr.P.C. are quite explicit and the duty of the officer in charge of the local Police Station in that regard is mandatory in nature. As such a police officer is bound to receive a complaint when it is preferred to him or where the commission of an offence is reported to him orally, he is under statutory obligation to enter it in the prescribed register, but the condition precedent is simply twofold: first, it must be an information and, secondly, it must relate to a cognizable offence on the face of it and not merely in the light of subsequent events.

Now, the question arises, where an aggrieved person could seek remedy against the Officer In-charge of a police station who refuses registration of FIR? On 21.11.2002, the Criminal Procedure (Third Amendment) Ordinance, 2002 (Federal Ordinance No. CXXXI of 2002), added sub-section (6) in section 22-A, Cr.P.C. and conferred additional powers on the Ex-officio Justices of Peace in respect of entertaining complaints and issuance of appropriate directions to the police authorities concerned regarding registration of criminal cases, transfer of investigation of criminal cases and in respect of neglect, failure or excess committed by a police authority in relation to its functions and duties.

It was the intention of the legislature that if there is a genuine grievance on the part of an individual against the police and most particularly with reference to non-registration of FIR, he will resort to the concerned Justice of Peace i.e. Sessions Judge or Additional Sessions Judge in a District for the redressal of his grievance and the concerned JOP would pass an appropriate order by keeping in view the fact and circumstance of the case. As such with insertion of clause (i) of section 22-A(6) Cr.P.C. created a new forum where an aggrieved person could seek remedy against the Officer In-charge of a police station who refused registration of FIR.

Now come to the third question framed above, as to whether the provisions of section 22-A(6), Cr.P.C. make it obligatory for an ex-officio Justice of the Peace to necessarily or blind-foldedly issue a direction regarding registration of a criminal case whenever a complaint is filed before him in that regard? In this context, it has been noticed that in section 154, Cr.P.C. the word “shall” has been used while in section 22-A(6) Cr.P.C. the word “may” has been used, which manifests the intention of the legislature that the officer in charge of the relevant Police Station may be under a statutory obligation to register an FIR whenever information disclosing commission of a cognizable offence is provided to him but the provisions of section 22-A (6) Cr.P.C. do not make it obligatory for an ex-officio Justice of the Peace to necessarily or blind-foldedly issue a direction regarding registration of a criminal case whenever a complaint is filed before him in that regard as such the Justice of Peace is still left with discretion to pass an order for the registration of FIR that’s too in appropriate/certain cases.

The next question is “what is the nature of functions which the JOP performs and as to whether the same are executive, administrative, ministerial or quasi-judicial?”

The Officer in charge of the relevant Police Station may be under a statutory obligation to register an F.I.R. whenever information disclosing commission of a cognizable offence is provided to him but the provisions of section 22-A(6), Cr.P.C. do not make it obligatory for an ex-officio Justice of, the Peace to necessarily or blind-foldedly issue a direction regarding registration of a criminal case whenever a complaint is filed before him in that regard.

Criminal Proceedings
39257/21
Ghulam Sarwar Vs JOP etc
Mr. Justice Sardar Muhammad Sarfraz Dogar
16-11-2022
2022 LHC 7848