| Citation(s) |
|---|
| 2025 SLG 3371 2025 SLD 3371 = 2025 SHC 1500 = 2026 MLD 820 |
Criminal Miscellaneous Application No. 740 of 2024
Mr. Justice Jawad Akbar Sarwana
Irshad s/o Not Known through Feroz Gul Tunio, Advocate
Nazar Muhammad Jokhio v. The State and Seven (7) Others
Law: Code of Criminal Procedure, 1898
Section: 154,22-A & 22-B,162
Law: Pakistan Penal Code, 1860
Section: 182
Summary
This case involves a criminal miscellaneous application challenging the order of the Ex-Officio Justice of Peace directing the police to record a statement and register an FIR under Section 154 of the Criminal Procedure Code (Cr.P.C.) based on a dispute over ownership, sale, and possession of two plots in Gulshan-e-Kareem Housing Society. The applicant contended that the police and the Justice of Peace erred in mandating FIR registration without proper evaluation of facts. The High Court suspended and later set aside the impugned order, clarifying that lodgment of an FIR is initially the police's duty after assessing the complaint, and that the Justice of Peace must also follow a reasoned process before directing FIR registration.
Core Points
- The dispute relates to ownership and construction rights over two plots sold in Gulshan-e-Kareem Housing Society.
- Respondent No.4 filed an application under Section 22-A & 22-B Cr.P.C. seeking FIR registration due to police inaction on his complaints.
- The Ex-Officio Justice of Peace ordered registration of FIR without detailed evaluation or consulting the police's report.
- The High Court found this process flawed as police must first assess whether information discloses a cognizable offence.
- The Justice of Peace is required to independently evaluate and articulate reasons while ordering FIR registration.
- The impugned order was set aside, and police were only directed to record the complainant’s statement and proceed accordingly under the law.
- The Court clarified it did not mandate automatic FIR registration, which remains the police's responsibility.
Law and Sections in Table Form
| Law/Section | Description |
|---|---|
| Section 154 Cr.P.C. | Requires the police officer (SHO) to register an FIR when information discloses commission of a cognizable offence. |
| Section 22-A & 22-B Cr.P.C. | Provides a forum for Justice of Peace to review complaints about police refusal to register FIRs and direct action if warranted. |
| Section 162 Cr.P.C. | Defines consequences of investigations and the inadmissibility of improperly obtained confessions and evidence. |
| Section 182 PPC | Penalizes false information or complaints given to public servants, acting as a deterrent against misuse of FIR provisions. |
Conclusion:
The case emphasizes the procedural safeguards and judicial scrutiny required before directing police to register FIRs, highlighting the balance between public rights and police discretion in criminal case registration. The Justice of Peace must perform an independent evaluation and cannot override police discretion without reasoned justification. The obligation to register an FIR arises only after prima facie satisfaction of cognizable offence criteria by police authorities and judicial review if necessary.