| Citation(s) |
|---|
| 2025 SLG 3015 2025 SLD 3015 = 2025 SHC 1797 = 2025 SHC 1799 |
Criminal Miscellaneous Application No.S-274 of 2025
MUHAMMAD HASAN (AKBER), J
Proposed Accused 1&2: None present for (i)Retd. Brig. Muhammad Arshad (ii)Retd. Major Nawazish Akbar & 2 others.
Applicant: Sher Bahadur Khan Khattak, in person. Respondents 1&2: Mr. Muhammad Iqbal Awan, Additional Prosecutor General, Sindh.
Law: Code of Criminal Procedure, 1898
Section: 154, 22-A(6),22-B,561-A,156(3), 190
Law: Pakistan Penal Code, 1860
Section: 182,211
Summary:
Through a Criminal Miscellaneous Application under section 561-A Cr.P.C., the applicant challenged a decision by Additional Sessions Judge-IX Karachi South (ex-officio Justice of Peace) refusing the registration of an FIR against accused persons for alleged threats and coercion. The application for FIR registration was refused after considering the police report, old enmity between parties, pendency of criminal and civil cases involving the parties, lack of direct interaction or witnesses to the alleged threat, and doubts about the applicant's motives. The court reaffirmed that under section 154 Cr.P.C., police must register an FIR if cognizable offence information is presented, but section 22-A(6) Cr.P.C. grants discretionary power to ex-officio Justices of Peace to issue or refuse directions for FIR registration. The court must vigilantly prevent misuse of criminal process through frivolous complaints and not act mechanically in such matters. The applicant failed to come with clean hands or sufficient evidence, and the order to deny FIR registration was upheld as lawful and proper.
Core Points:
- Section 154 Cr.P.C. obligates police to register FIR for cognizable offences.
- Section 22-A & B Cr.P.C. empower ex-officio Justices of Peace to direct FIR registration but with discretionary authority, not mechanical.
- Courts must be cautious to prevent misuse of FIR process via false, frivolous, or vexatious complaints.
- Courts look at conduct, motives, existing litigations/enmities, and evidence before directing FIR registration.
- Section 561-A Cr.P.C. allows preventive jurisdiction to stop abuse of process and foster justice.
- Where a criminal complaint remedy is available, FIR registration can be refused.
- Protection can be provided to complainants even when FIR registration is denied.
- Supreme Court rulings emphasize serious notice on false complaints (PPC sections 182, 211).
Law and Sections Table:
| Law Section | Description | Key Points / Application |
|---|---|---|
| Section 154, Cr.P.C. | Police must register FIR if information of cognizable offence is received | Mandatory registration; no hearing required before FIR registration |
| Section 22-A(6), Cr.P.C. | Ex-officio Justice of Peace may direct or refuse FIR registration | Discretionary power; no mechanical issuance; considers possibility of misuse/malicious complaints |
| Section 22-B, Cr.P.C. | Related provisions empowering Justice of Peace to oversee police action | Powers of Justice of Peace include oversight of police conduct and directions on FIR registration |
| Section 561-A, Cr.P.C. | Prevent abuse of process and foster ends of justice | Court’s equitable jurisdiction; requires applicant to present full facts and come with clean hands |
| Pakistan Penal Code 182 | False information, with intent to cause public mischief | False complaint registered to prevent misuse |
| Pakistan Penal Code 211 | False charge of offence made with intent to injure | Punishment for vexatious complaints |
| Sections 156(3), 190 Cr.P.C. | Alternative remedies to filing FIR or prosecution | Court reminds complainants they may pursue other statutory remedies if FIR refused |
Conclusion:
This order confirms the legal position that while police are obligated to register FIRs for cognizable offences, courts and Justices of Peace under sections 22-A and 22-B Cr.P.C. must exercise discretion to prevent the abuse of the criminal justice system through frivolous or malicious complaints, considering the overall circumstances and evidence before ordering FIR registration