The Application Under Section 22-A Cr.PC is used to register criminal case or FIR when the police refuse to register the same. This application is submitted before ex officious justice of the peace who is session judge or additional session judge of the district.
Primarily it is the duty of station house officer (SHO) to register criminal case under section 154 of Cr.PC. Whenever information of cognizable offense comes into the knowledge of SHO, he is bound to register FIR.
But it is often seen that SHO shows reluctance to register case either due to pressure of higher-ups or they take bribes from strong. So in this situation Application Under Section 22-A Cr.PC is filed.
Hence when police obstructs individuals to get justice then they can file Application Under Section 22-A Cr.PC. This petition to register criminal case plays a 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.
Purpose of Application Under Section 22-A Cr.PC
The Sessions Judge who is justice of the peace is empowered to issue appropriate directions to police authorities on a complaint regarding petition 22-A;
- Non-registration of criminal case
- Transfer of investigation from one police station to other
- To take notice of neglect, failure or excess committed by police authority to relation in its functions and duties
Note: English grammatical mistakes are error are unavoidable as this article include Legal terminologies and expressions.
Important Case Laws on 22-A and 22-B Of Cr.PC
There are hundreds of decided case on 22a 22b application and justice of peace Cr.P.C. Some of the important 22a 22b Cr.P.C case laws are mentioned below. For more case laws you can click here.
- The provisions of sections 22-A, & 22-B, Cr.P.C, have been added to the Statute Book whereby Sessions Judges and Judge of a High Court, by virtue of their office being justice of peace, can exercise all powers of a police u/s 54. Cr.P.C. PLD 2002 Kar 328.
- Ex-officio Justice of Peace is empowered to direct registration of case. 2010 P.Cr.L.J. 1466.
- Condition precedent is simply two-fold; first it must be informed and secondly it must relate to a cognizable offense on the face of it and not merely in the light of subsequent events. 2007 P.Cr.L.J 145.
- Power conferred on ex officio justice of peace under Sections 22-A and 22-B, Cr.P.C. deal with issues relating to non-registration of FIR, transfer of investigation under Article 18(6) of the Police order, 2002 and neglect, failure or excess committed by a Police Authority. 2011 YLR 2141.
- Justice of the Peace passed order with direction to SHO concern to record the statement of the petitioner and proceed further strictly in accordance with law. SHO should recorded statement u/s 154, Cr.P.C. and hand-over the copy of the FIR to the petitioner without any delay. 2010 P.Cr.L.J. 296.
- Justice of Peace while deciding the case under sections 22-A and 22-B, Cr.P.C, is not required to issue notice to person against whom registration of a case is required but is required to summons the concerned Police Officer so that a direction could be issued to him to register a case. 2011 P.Cr. L.J. 913.
- Where the claim or version of an accused is reported by him before the police, under the law the police is required to bring same on record and then to preceded therewith in accordance with the law. If such right is denied by the Police/Investigating Officer, the remedy available under S. 22-A Cr.P.C. cannot be jeopardized merely because previously FIR has been recorded and has been investigated. PLD 2009 Lah 8.
Format of Application Under Section 22-A Cr.PC
This Application Under Section 22-A Cr.PC is filed before session judge or additional session judge. Below is provided a sample draft of the 22-A petition. Use it with necessary changes to register criminal case in case the police is not cop-orating.
IN THE COURT OF LEARNED SESSION JUDGE/ EX OFFICIO JUSTICE OF PEACE, RAWALPINDI
In the matter of:
Abc Son of def, resident 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. Furthermore 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).
- Then all the accused persons mentioned in the annexed application committed offense referred to 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 a criminal case by the respondent is not only illegal also amounts to abuse of process of law.
- That registration of a case in the cognizable offense under the provision of section 154 Cr.PC, is the statutory duty of officer/ in-charge of police to enter any complaint either written or verbal in the shape of FIR, but in the present case, the respondent miserably failed to discharge his duty in accordance with the law. Reliance is humbly placed in 2005 PCr.LJ 906.
- That registration of case is an independent right of any person and such person can report the matter to in charge of the concerned police station who is bound under section 154 Cr.PC to record the version of the petitioner and conduct the investigation in accordance with the 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/ in-charge of the police station, and such officer has no other choice but to register complaint in the prescribed manner. It is submitted with regard that the respondent neither registered the FIR not informed the petitioner of non-registration of case, therefore respondent did not act in accordance with the law, being public functionary. Reliance is placed on 2002 PCrLJ 2007.
- That supreme court has time and again held that the police are 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 subject the respondent has not acted in accordance with law.
In these circumstances, it is respectfully prayed that the Application Under Section 22-A Cr.PC is accepted and respondent may please be directed to proceed in accordance with the law in line with section 154 Cr.PC by registering a criminal case against the culprits mentioned in the application in accordance with the provisions of PPC, in the interest of justice.
Any other relief which this court deems fit and proper may also be granted.
Certified that as per information received by the petitioner this is first Application Under Section 22-A Cr.PC on the subject moved before this honorable court.