یاد رکھیں پولیس صرف ایف آئی آر درج ھونے کے بعد تحقیقات کا حق رکھتی ہے
154. Information in cognizable cases.–Every information relating to the commission of a cognizable offence if given orally to an officer-in-charge of a police station, shall be reduced to writing by him or under his direction and be read over to the informant: and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Provincial Government may prescribe in this behalf.
COMMENTARY
1. First Information Report. FIR is not a substantive piece of evidence and can only be used to corroborate or contradict its maker, but at the same time its importance cannot be ignored because it depicts the initial version set up by the prosecution. 2003 P. Cr.L.J. 1778 = PLJ 2003 Cr.C. (Qta) 1029 (DB).
Words “every information” relating to the commission of “cognizable offence” pertain only to the information so supplied and do not pertain to actual commission of a cognizable offence. It is not necessary that such information should ultimately prove true, SHO to be satisfied only to the extent that information is in respect of offence which is cognizable. PLD 2003 Lah. 228. SHO bound to register case on receiving information regarding commission of cognizable offence, recording of second FIR, no bar. 2003 YLR 1834. Every information relating to the commission of a cognizable offence if given orally would be reduced to writing by the Incharge Police Station and be read over to the informant and signed by the person giving it and substance thereof entered in a book to be kept by such officer in such form as provided by the Provincial Government. 2004 YLR 684.
First information report is neither a substantive evidence nor an exhaustive document and if the detailed facts have not been mentioned therein, it would not diminish its correctness. 2002 SCMR 1586. It primarily pertains to information about commission of a cognizable offence and contains the material facts immediately noticed by the complainant. 1999 PCr.LJ 1381. It is not a sacrosanct or substantive piece of evidence, 2002 PCr.LJ 668 and is only an information to put machinery of law into motion. 2002 PCr.LJ 1902. Initial report seldom contains minute details. PLD 1977 S.C. 529. Report of inculpatory nature made by accused not FIR. PLD 1965 S.C. 366. Maker of FIR since dead. Cannot be used as corroboration of testimony. 1979 SCMR 579. FIR not lodged by an eyewitness. PLD 1979 S.C. (AJ&K) 23. FIR made by the accused as complainant admissible against the maker only. PLD 1975 S.C. 607. A Magistrate may issue directions to police for registration for a criminal case. NLR 1979 (Cr.) S.C. 146. FIR lodged not on the basis of direct knowledge–does not transmit correct information. PLD 1980 S.C. 109. FIR need not contain details of occurrence. 1982 PSC 1284 (S.C. Ind). FIR lodged promptly–Credible. 1982 PSC 1052. FIR lodged by accused inadmissible as it amounts to a confession. 1971 PCr.LJ 224. Delay in lodging FIR not explained–Value diminished. PLD 1968 Lah. 869. However, delay per se would not give rise to an adverse presumption. 1968 PCr.LJ 1597. Delay of 24 hours looked at with great circumspection. 1970 PCr.LJ 751. Delay of 10 hours in zina case–Enough time to concoct story. 1982 PSC 246 (FSC). Evidentiary value. Can be used for contradicting or corroborating the maker thereof. 1971 SCMR 398 Not in nature of formal charge. PLD 1952 F.C. 1. Cannot be used against the maker if he himself becomes accused. PLD 1957 S.C. (Ind) 297. Counter report made by accused-admissible. PLD 1963 S.C. 152. Mention of witnesses no guarantee for truth. 1969 SCMR 629. Delay explained due to fear, plausible. 1970 SCMR 603. Delay remained unexplained-Not fatal in all cases. 1970 SCMR 797. Dying declaration may be treated as FIR. 1968 SCMR 161. Offence not alleged in FIR. Magistrate can take cognizance. PLD 1967 S.C. 317; AIR 1945 PC 18. Not condition precedent for investigation. PLD 1972 Lah. 374; AIR 1944 PC 73. Non-production at trial. Case become doubtful. PLD 1968 Quetta 7. Copy of FIR not FIR. 1968 PCr.LJ 720. Must be produced in original. PLD 1968 Lah. 464. Entry in Roznamcha of police not FIR. PLD 1970 Kar. 677. Telephonic message recorded by police not FIR. 1970 PCr.LJ 111. Conviction cannot be based on FIR. 1968 PCr.LJ 309. FIR registered under this Section cannot be sealed by police. NLR 1998 Cr. (Bwp) 26.
Contents of F.I.R. cannot be used against accused unless proved. PLD 1994 Pesh 214; PLD 1994 S.C. 255. A public document. PLD 1994 Pesh 214. Taking of cognizance. 1994 SCMR 2177; 1994 PCr.LJ 2381. FIR can be quashed. 1994 PCr.LJ 2381; 1993 SCMR 71. Any statement or further statement recorded during investigation would not equate with FIR nor can be read as part of it. 1995 SCMR 1350. FIR not essential to give all details. 2000 PCr.LJ 602. Information as to commission of cognizable offence can be transmitted by law enforcing agency. 2001 SCMR 1919.
F.I.R is the most important document in a criminal case which furnishes the clue of possible truth of allegation against the accused and also causes a firm impression of the prosecution case. It is a statement which is made soon after the occurrence when the memory of the occurrence is fresh. 2002 PCr.LJ 1541. Accused cannot claim an opportunity of hearing before registration of FIR. PLD 2003 Lah 228. Magistrate can give information of commission of offence and direct registration of a criminal case. 2004 YLR 1299. Any doubt in lodging FIR and commencement of investigation gives rise to a benefit in favour of accused. 2004 SCMR 1185.
F.I.R. was a foundation stone of a criminal case though it was not a piece of substantive evidence. F.I.R. was always used for contradicting under Art. 140 of Qanun-e-Shahadat, 1984 and corroborating under Art. 153 of Qanun-e-Shahadat, 1984. When some infirmities or irregularities were found in an F.I.R., it certainly would affect the final determination of the case especially when it was lodged by a mere stranger and not by an eye-witness. 2008 PCr.LJ 613.
No investigation could be initiated without first recording of F.I.R. and once an F.I.R. had been recorded the investigation would be undertaken on its basis. Facts and crimes not incorporated in the F.I.R. and not emanating from the facts given in it, were not to be made the basis of investigation under F.I.R. is not barred. 2008 PCr.LJ 1237.
2. Second F.I.R. Second FIR not barred. 1996 PCr.LJ 489; PLJ 2000 Lah 1341. Cross-version-separate challan not necessary. 1996 PCr.LJ 1294. Not gospel truth. PLJ 1996 Lah 1139. Photo copy qualifies to be a report. PLJ 1996 S.C. 1713. Police officials under statutory obligation to enter the information relating to the commission of a cognizable offence in the prescribed register. PLD 1997 Lah 135. Registration of second F.I.R. embodying the counter version of a case is neither legally barred nor can be refused. PLD 1998 Lah 111. However, provisions of S. 154 do not conceive second F.I.R. with regard to same occurrence. 1999 PCr.LJ 1706. In case of counter version disclosing distinct and separate offence need to be registered. PLJ 1999 Lah. 157 = NLR 1999 Cr. Lah. 98. Dispute about time of occurrence, place of occurrence and manner of occurrence would furnish legal justification for registration of second FIR. NLR 1998 Cr. (BWP) 48, 1995 PCr.LJ 1239; 1993 PCr.LJ 1992 – 1056; 1993 MLD 2059. Depends upon the facts of each case. 1999 PCr.LJ 1706. In the multificated versions, especially when the first reported version is denied, the latter version can be taken into consideration. 2004 PCr.LJ 470. FIR recorded after preliminary investigation would lose its sanctity and probate worth. 2004 PCr.LJ 1239.
Where a different, opposite or a cross version disclosing commission of a cognizable offence, is put forth by the complainant, second F.I.R. is not barred. 2008 PCr.LJ 103.
No hard and fast rules or principles can be laid down as to when a second F.I.R. can or should be recorded. Matter has to be seen in the context of the totality of the circumstances and the allegations. 2008 PCr.LJ 110.
3. FIR by a minor. Can be lodged by a minor. 1999 PCr.LJ 694.
4. Registration of FIR. Requirement of law is that police officer has to record FIR mandatorily of a cognizable case under. S. 154 Cr.P.C. but where it is a non-cognizable case, then substance of such information is to be entered in the relevant register, but in each case refusal to register case is out of question. 2000 PCr.LJ 320; 1999 PCr.LJ 781. Police has no jurisdiction to cause delay. 2001 SCMR 424. Provisions of S. 154 are peremptory as well as obligatory in nature. Violation entails penal action u/S. 29 of Police Rules, 1861. PLD 1999 Lah. 417. Use of word `shall’ indicates that it has been used in the mandatory sense and does not allow any discretionary powers to the officer-in-charge of a police station, who has no choice but to register the complaint in the prescribed book if information of cognizable offence is given to him by any person. 2002 PCr.LJ 2007. Proceedings may be initiated u/S. 156(3) or Art. 199 Constitution of Pakistan. PLD 1999 Lah. 417. Declaring the information in writing by police at the instance of the informant is imperative in law. PLD 2000 Lah. 208. Police to make investigation. No justifiable to ask Court for cancellation of case or to release the accused u/S. 160. 2001 MLD 1096. Registration of criminal case is independent right of aggrieved person. PLD 2002 Lah. 78. Such exoneration does not constitute bar even to a private complaint which is another mode of bringing culprits for trial before Court of competent jurisdiction. PLD 2002 Lah. 156. If police reaches on spot on ambiguous information, it may collect details of incident and treats as FIR. PLJ 2001 SC (AJK) 166 = 2001 PCr.LJ 827.
Phrase “every information relating to the commission of a cognizable offence” as used in S. 154 pertains only to information supplied and do not pertain to actual commission of a cognizable offence. Information supplied should be about alleged commission of a cognizable offence irrespective of the fact whether such information is ultimately proved to be correct or not and also irrespective of the fact whether ultimately such offence was found to have been actually committed or not. PLJ 2004 Lah. 102.
Investigation of the case will be conducted by Senior Police Officer who will try his best to bring on record the true picture of occurrence and ensure that no injustice is done to any party. PLJ 2008 Lahore 15.
Provisions of S. 154, Cr.P.C. command a S.H.O. to lodge an FIR if the information, conveyed to him disclosed the commission of a cognizable offence irrespective of the information being correct or incorrect. PLJ 2008 Lahore 505.
Further statement of the complainant recorded during investigation by the police would neither be equated with FIR nor read as part of it, therefore subsequent supplementary statement is also considered as statement recorded u/S. 161, Cr.P.C. which is not sign or thumb marked. PLJ 2008 SC 269.
5. Death in police custody. Complainant and eye witnesses seeing police giving chhitter blows on buttocks of the deceased. Cause of death relevant qua the offence u/S. 302, PPC but it had no bearing qua other offences of illegal arrest, confinement and inflicting injuries during police custody. PLD 2002 Lah. 78.
6. Two versions. Where a distinct and separate cognizable offence is disclosed and no effective inquiry or trial can be held without properly appreciating and considering the two versions, another FIR is to be registered. 2000 PCr.LJ 320.
7. Statement by injured person. Statement given by injured person to I.O. and also FIR lodged by him, is not admissible as dying declaration. AIR 1999 S.C. 3883.
8. Supplementary statement. Supplementary statement not equated with FIR. It cannot be considered or read as part of FIR. FIR is a document which is entered into a book maintained at the police station and thumb marked or signed by the first informant, while the supplementary statement is recorded u/S. 161 and is not signed. PLD 2002 Lah 110. Object of further statement is not to enable complainant to clarify facts which required some explanation, but if completion of case is changed as regards identity of culprits, then onus would be on prosecution to cast away the same at trial. Court for purpose of bail, would be persuaded to draw reasonable inference that guilt of person involved on basis of further statement without rational explanation, would call for further inquiry. PLD 2002 Kar. 402. Recording of supplementary statement by the informant with different versions after lodging FIR. No request made for cancellation of FIR substituting the same with the supplementary statement. Legally no reliance can be placed on supplementary statement. It is no more than a statement of the complainant u/S. 161, Cr.P.C. 2003 YLR 1419.
9. Object. Primary object of F.I.R. under this section is to convey information about commission of a cognizable offence which a Police Officer is competent to investigate as contemplated under S. 156, Cr.P.C. It is meant to set in motion Investigating Agency to probe into the commission of offence and unearth the truth.. 2002 PCr.LJ 1785. Object of FIR is to set investigating agency of the State in motion so as to collect evidence. 2004 YLR 447.
The object of the F.I.R. is to obtain an early information of an alleged criminal activity. It simply puts the machinery of law in motion for investigation and determination of the facts of the case. 2008 PCr.LJ 1279.
10. Section 154 Cr.P.C. read with Art. 199 of the Constitution. Police Officer under statutory obligation to register case, where the complaint discloses a cognizable offence. 1992 PCr.LJ 1989. It is their mandatory duty. 1993 SCMR 550; 1994 PCr.LJ 798; 1995 PCr.LJ 1239. In the event of failure liable to be dealt with by his superior officers for neglect of duty. PLD 1972 Lah. 493. Police Officer cannot refuse to register a case where a cognizable offence is made out. 1990 PCr.LJ 2006, 1811. Statutory duty to trace real culprits. 1994 MLD 1736.
Investigation Agency after reaching a positive conclusion can challan other party in same FIR if it finds commission of a cognizable offence. PLJ 1993 Lah. 12. FIR found false and without any substance after investigation. To refer the matter back not in the interest of justice. Remedy to file complaint. PLD 1993 Lah. 18. After the judicial inquiry resulting in the exoneration of accused, no useful purpose can be served in directing registration of the case. 1993 PCr.LJ 200. Direction to register a case against accused made by High Court under Art. 199 of the Constitution. PLJ 2005 Cr.C. (Pesh.) 139.
So far as investigation is concerned, recording of FIR is not a condition precedent. PLD 1994 Lah 485. Two remedies criminal and civil can be pursued simultaneously. 1995 MLD 1473. Availability of an alternative remedy by way of filing a complaint in itself does exclude the jurisdiction of High Court vested in it under Art. 199 of the Constitution being its prerogative to adopt the same or not in order to regulate its constitutional jurisdiction. High Court cannot close its eyes to the glaring exercise of excess of jurisdiction or use of colourful authority by the State functionaries and thus even in the presence of an alternative remedy, High Court can assume jurisdiction to direct the police officers to comply with the order of the Sessions Court in letter and spirit. 2004 PCr.LJ 1864.
11. Counter version. Counter version restricted to defence version, the second version or a different version of incident, second F.I.R. cannot be recorded; but where a distinct and separate cognizable offence is disclosed and no effective inquiry or trial can be held without properly appreciating and considering the two versions, then another F.I.R is to be recorded. PLD 1999 Lah. 50. In the later case police duty bound and obliged to record same and register F.I.R. 1999 PCr.LJ 512. Most efficacious remedy to file a private complaint. 2000 PCr.LJ 67.
12. Counter affidavit. Where serious allegations were made against the accused person in Constitutional petition, the registration of F.I.R. cannot be denied on the basis of counter-affidavits. 2002 PCr.LJ 2007.
13. Delay. Delay in lodging FIR is condonable keeping in view facts and circumstances of each case, however, heavy duty is cast upon prosecution to explain the same, otherwise the prosecution case would become doubtful. PLJ 2004 S.C. 552. Expectation for making payment no ground. PLJ 1999 Cr.C. Lah. 330. Delay not in all cases conclusive proof of truth or otherwise of a case of FIR. PLJ 2002 Cr.C. (Kar.) 275 = PLD 2002 Kar. 152; PLJ 2005 Cr.C. (Lah.) 1026. Delay of 7/8 days in lodging FIR relating to offence of zina-bil-jabr can not be considered fatal in presence of positive report of Doctor and Serologist. PLJ 2003 SC 921.
14. Discharge of accused. Discharge of accused, an administrative order does not block judicial order of summoning of accused by a Court of law. 2000 PCr.LJ 595. Order of discharge made on police report under S. 173, Cr.P.C. Right course to seek permission to reopen case. In the absence of permission, cognizance of subsequent report can be refused. 2000 PCr.LJ 580.
15. Offence falling within jurisdiction of F.I.A. Report for registration of a case to conduct investigation into a cognizable offence falling within the jurisdiction of F.I.A. is a report under S. 154, Cr.P.C. 1998 PCr.LJ 958.
16. Registration of cases. Effect. Registration of case does not mean that persons against whom allegations are levelled in F.I.R. are in fact guilty of the offences. Question of guilt or innocence depends on investigation, NLR 1998 Cr. (Quetta) 161. Not a condition precedent for investigation 1992 KLR Cr 58. Police Officer bound to comply with order of DSP. 1991 PCr.LJ 537(1). Not a substantial piece of evidence. 1991 PCr.LJ 1117; 1992 KLR (Cr.) 471. Evidentiary value. Can be used to corroborate statement made by the complainant or confront the same. 1991 PCr.LJ 1480; 1991 SCMR 1608; 1992 PSC 176 (S.App.C). Connotation. 1991 PCr.LJ 2007. Police Officer should register a case and then form an opinion whether the facts stated in the FIR are true or not. 1991 PCr.LJ 1125. Second statement not FIR. 1991 PCr.LJ 247. Delay of three hour. 1992 KLR (Cr.) 383. Report/apprehension disclosing information as to the commission of cognizable offence. S.H.O. bound to record FIR. 1992 PCr.LJ 512, 2236, 1989. Merely sets in motion the Criminal Law. Not a piece of substantive evidence. 2001 SCMR 1556, 1992 MLD 1522. No subsequent/second FIR is permissible on the facts and allegation on the basis of which an FIR already registered. 1997 PCr.LJ 1167. Police under obligation to investigate cognizable offence whenever reported. NLR 1999 Cr. Lah. 300. Police in the absence of any FIR cannot arrest and proceed. 2000 PCr.LJ 1148.
17. Transfer of investigation. Chief Minister of a Province is not conferred with any power to order the transfer of investigation of a criminal case from one police officer to another. 1998 PCr.LJ 1726.
18. W. P. Anti-Corruption Establishment Ord. XX of 1961. Case covered by schedule against public servants in performance of their functions as public servants, can be registered u/S. 154 at ordinary Police Station established under Cr.P.C and Police Act. NLR 1999 Cr. Lah. 161(2). Incharge of police station of Anti-Corruption Establishment also acts u/S. 154, Cr.P.C. with respect to the registration of FIR regarding offences to be investigated by them. 2000 PCr.LJ 1924.
Filing of civil suit. Mere filing of a civil suit is not bar to the registration of criminal case if same is made out from facts asserted that a criminal act is committed. 1998 PCr.LJ 1269.
19. Registration of case against Police Officers. Mother of deceased charging police officer and attributing specific role to them for murder of her son. Police not possessed with right to murder or kill or take life of any citizen accused of an offence only for the reason that such person was involved in criminal cases and kept a previous bad record. Police directed to register case. PLJ 2000 Pesh 3. Police has no licence to murder an accused of 91 FIRs. PLJ 2003 Lah. 61.
20. Duty of the police. Police is duty bound to conduct investigation justly and fairly without having influenced from the endorsement of higher officers. 1999 PCr.LJ 1193. Police officer is duty bound to investigate a case in which FIR has been registered. Such power continues even after submission of challan in the Court. PLJ Kar. 147 (DB). Superior police officers were not competent to allow investigation of the case when FIR had been cancelled under the orders of Magistrate. PLJ 2005 Cr.C. (Kar.) 147 (DB). FIR was directly lodged against the spirit of S. 195-A Cr.P.C. consequently quashed by High Court. PLJ 2001 Cr.C. (Lah. 128 = 2001 PCr.LJ 593 = NLR 2001 Crl. 97.
21. False information. Police under obligation to register a case, Legislation has placed check and balance through S. 182, P.P.C. 1999 PCr.LJ 1645.
22. Quashing of FIR. Investigation malafide and without jurisdiction, High Court competent to correct such proceedings and pass necessary orders to ensure justice and fair play. 1996 SCMR 24; PLD 1971 S.C. 677 fol. High Court cannot assume the role of investigator. 1994 SCMR 2142. Supreme Court disapproved the direction of the High Court to submit periodical reports regarding the progress of the case, PLD 1994 S.C. 218, however, High Court can correct proceedings of the investigating agency based on malafide in fact and malafide in law. PLD 2000 Lah 65. Quashing of FIR during investigation tantamounts to throttling the investigation, which is not permissible in law. PLD 2003 Kar 309. Case was not found mala fide or baseless quashing of FIR was refused. PLJ 2003 Cr.C. (Lah.) 59.
Delay of 11 months in reporting matter to police. FIR to be quashed. Not necessary to place before Magistrate for order of discharge. PLJ 2000 Lah 1343. Two complainants in one FIR incompetent. PLJ 2000 Lah 1325.
Original agreement to sell yet to be recovered from petitioner’s possession, police would be in a better position to recover the same than the Civil Courtwherein suit is pending relating to genuineness or otherwise of the same. No case for declaring FIR to be without lawful authority and of no legal effect made out. PLJ 2004 Cr. C. (Lah) 102.
23. Power of High Court. High Court has no power to interfere with the police investigation and assume the role of investigator. Conduct and manner of investigation is not to be scrutinized under constitutional jurisdiction which might amount to interference in police investigation as the same cannot be substituted by the Court. PLD 2003 Kar 209.
24. Cancellation of FIR by Sessions Judge. Sessions Judge has no jurisdiction to entertain a miscellaneous application submitted by the mother of the accused person whose case was pending trial before Magistrate and then to pass order against an order passed by a Magistrate refusing to discharge accused person or to cancel FIR. Such an order is only an administrative order and not a judicial order amenable to revisional jurisdiction. 2003 YLR 245.
25. Telegraphic message. Police reaching spot, may collect details of incident and treat the same as F.I.R. PLJ 2001 SC (AJ&K) 166.
26. Provision mandatory. Provisions of S. 154, Cr.P.C. are mandatory in nature, police officer to register FIR, violation would expose him to prosecution under S. 166, PPC. 2003 YLR 1316; 2004 YLR 2599.
27. Refusal to register FIR. Remedy. On refusal of the police to register FIR in a cognizable case, the adequate remedies available to the agreed parties are firstly by approaching the Sessions Judge, ex officio justice of peace, for exercise of power u/S. 22-A (6), Cr.P.C.; secondly, by approaching the Magistrate for exercise of power under S. 156(3), Cr.P.C. and lastly by filing a direct complaint u/S. 200, Cr.P.C. Invoking of writ jurisdiction in the presence of adequate remedy being available is not desire of law. 2004 YLR 2599; PLD 2001 Kar 269; PLD 1999 Lah 417; 2003 YLR 550 ref.
Remedy under Art. 199 of the Constitution can be exercised only on proof of non-availability of adequate remedy. PLD 1987 S.C. 21; 1987 SCMR 810.
Supreme Court directed Inspector General of Police to take strict disciplinary action against officers/officials who were responsible for not registering the case after happening of the incident. 2006 SCMR 1547.
28. Principle of double jeopardy. Not applicable. 2004 MLD 1201.
It is not necessary for complainant to be an eye-witness of occurrence. Law could be set at motion by any person. 2006 SCMR 1786.
29. Defective FIR. No evidentiary value. F.I.R. has neither been placed on record nor has been exhibited. Scribe of FIR was not produced before trial Court. FIR is also defective and of no evidentiary value because it has been recorded after consultation and deliberation. PLJ 2008 Sh.C. (AJ&K) 1.
First Information report not recorded at Police Station. Such report would suffer inherent doubt that same was recorded at the spot after due deliberations. PLD 2008 SC 349.
30.
Direct complaint. If a person lodged an F.I.R. and was not satisfied with the contents of F.I.R. or the investigation, he was at liberty to file direct complaint.
If process was issued in the direct complaint, then State case was to be kept in abeyance and direct complaint would proceed. State case would be disposed of in terms of the decision on direct complaint. PLJ 2007 Cr.C. (Karachi) 476.
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