Law: Criminal Procedure Code, 1898

Section: V,154,22A,22B

Law: Police Rules, 1934

Section: 24.5

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Criminal Procedure Code (V of 1898)-------S.154---Police Rules, 1934, R. 24.5---Expression 'registration of an FIR'--Preliminary inquiry---Object, purpose and scope---Provision of S. 154, Cr.P.C., only requires that substance of information of commission of cognizable offence is to be recorded in a book provided for such purpose---Expression 'registration of an FIR' has acquired loose meaning in our jurisprudence whereby, as it were, the tail wags the dog, and it is expected that the only book for the purpose is the FIR register in Form No. 24.5(1) stipulated under R. 24.5 of Police Rules, 1934---Such conceptual misunderstanding has led to an abuse of expression 'FIR' to the extent that it has become a tool for people to settle their scores and it reduces police to a mere rubber stamp at preliminary stage for being expected to 'register the FIR' and proceed to arrest straightaway---Police is bound to record, immediately on receipt, the substance of information of commission of cognizable offence in police station daily diary---There is no restriction on police carrying out preliminary inquiries thereafter before recording information (along with such additional information that police may have gathered on preliminary inquiries) in FIR Register under R. 24.5 of Police Rules, 1934 for the purposes of carrying out formal investigation--Proceeding to exercise powers of arrest if required and recording in FIR Register under R. 24.5 of Police Rules, 1934 include reasons for police officer's 'suspicion' and need for arrest of accused---Inquiries carried out by police leading to refusing to 'register FIR' in FIR Register is not illegal.(b)    Criminal Procedure Code (V of 1898)-------Ss. 22A & 22B---Constitution of Pakistan, Art. 199---Constitutional petition--Ex-officio Justice of Peace---Jurisdiction---Petitioner/complainant was aggrieved of order passed by Ex-officio Justice of Peace declining to direct police to register FIR on the basis of his complaint---Validity---Role of Ex-officio Justice of Peace is not to manage or deal with applications mechanically but the same must be done with due application of mind and…