One of the object of filing an application under section 22-A of Cr.PC is to register criminal case or FIR when police refuses to register. This application is submitted before ex officious justice of peace who is session judge of the district.
When individual justice is obstructed by the police than application under section 22-A of Cr.PC play very important role. This application consists on factual story of aggrieved which took place, along with a pray to order the police to register the FIR which they are legally bound to register.
Format of Application Under Section 22-A of Cr.PC
This application is filed before session judge or additional session judge.
IN THE COURT OF LEARNED SESSION JUDGE/ EX OFFICIO JUSTICE OF PEACE, RAWALPINDI
In the matter of:
Abc Son of def, rsident of ………….. Petitioner
The SHO, Police station place……… Respondent
PETITION UNDER SECTION 22-A FOR REGISTRATION OF CRIMINAL CASE.
- That the brief facts leading to the instant case are that he petitioner put forward an application before the respondent for registration of FIR (Copy of which is annexed herewith) and the contents of the application are itself sufficient to prove that cognizable offense has been made out as very serious allegations leveled against the nominated accused.
- That the petitioner went to the police station to narrate the whole story, but the respondent flatly refused to register the case as per law.
- That the petitioner was forcibly detained by the accused person mentioned in the annexed application. Further more the accused person namely ……… son of …….. with the intention to kill the petitioner gave a full blooded blow of iron rod and tried to hit the same upon the head of petitioner, however petitioner for saving himself brought his left hand in between head and iron rod, hence the iron rod hit upon the left hand of the petitioner and caused him severe injury. (Medical report is annexed herewith).
- Than all the accused persons mentioned in the annexed application committed offense referred in the application those offenses are cognizable in nature.
- That one local MNA is interfering in the matter due to political interference the respondent is not performing his legal duty as per law.
- That non registration of criminal case by respondent is not only illegal also amounts to abuse of process of law.
- That registration of case in cognizable offense under provision of section 154 Cr.PC, is statutory duty of officer/ incharge of police to enter any complaint either written or verbal in shape of FIR, but in the present case the respondent miserably failed to discharge his duty in accordance with law. Reliance is humbly placed in 2005 PCr.LJ 906.
- That registration of case is an independent right of any person and sucg person can report the matter to incharge of concerned police station who is bound under section 154 Cr.PC to record the version of petitioner and conduct the investigation in accordance with law, but in the instant case nothing has been done on the part of respondents, therefore he committed illegality. Reliance is placed on PLD 2002 Lah 78.
- That the word ‘shall’ in section 154 Cr.PC clearly indicates that it has been used in a mandatory sense and does not allow any discretionary powers to the officer/ incharge of police station, and such officer has no other choice but to register complaint in prescribed manner. It is submitted with regard that respondent neither registered the FIR not informed the petitioner of non registration of case, therefore respondent did not act in accordance with law, being public functionary. Reliance is place on 2002 PCrLJ 2007.
- That supreme court has time and again held that the poluce is duty bound to register a criminal case on receiving an application about a cognizable offense. The law laid down in supreme court 2007 PLD 539 about the registration of the FIR is very much clear on the sunject the respondent has not acted in accordance with law.
In these circumstances, it is respectfully prayed that the respondent may please be directed to proceed in accordance with law in line with section 154 Cr.PC by registering a criminal case against the culprits mentioned in application in accordance with the provisions of PPC, in the interest of justice.
Any other releif which this court deems fit and proper may also be granted.
Certified that as per information furnished by the petitioner this is first petition U/S 22-A Cr.PC on the subject moved before this honorable court.