Whenever any cognizable offense is committed it is the duty of the police to register the FIR. This FIR is registered under section 154 of Cr.PC. This Section states that when any information is brought about the offense to the officer in charge of the police station.
It has to be recorded in writing and then read over to him. It is the duty of the police to register the FIR, whenever information came to them. But it is occasionally seen that police refuse to register the FIR.
So it raises the question that do I have other choices when the situation is serious and the police refuse to register the FIR.
The object of Registering The FIR
The August Court has decided in 2002 PCr.LJ 1785 that ‘Primary object of FIR under this section is to convey information about the commission of a cognizable offense which a police officer is competent to investigate as contemplated under Section 156 of Cr.PC.
It is meant to set in motion investigation agency to probe into the commission of the offense and unearth the truth’.
What Are The Choices If Police Refuses to Register The FIR
Here are some options or choices for a person who wants to register his FIR but the police refuse to register the FIR.
1. Approach the Higher Authorities of The Police Department
First of all, it is the duty of the officer in charge of the police station (The ‘SHO’ Station Head Officer ) to register the FIR. But if he doesn’t register the FIR than it will be appropriate for a person to approach the higher authorities of the police department such as Superintendent of Police or City Police officer or Deputy inspector general of police (DIG) or Inspector general of police (IG).
A written complaint has to be filed along with an affidavit specifying the whole story. The authority will take action and order the SHO to register the FIR. If it didn’t happen then what?
2. Make an Application To The EX Officious Justice of Peace
Session judge is granted with the power of Ex Officious Justice of peace. This power is granted by the Provincial Government under section 22-A of Cr.PC. If the police department does not take any action in response to your complaint.
It is most suitable for an aggrieved person to file an application to the EX Officious Justice of Peace.
This application comprises the story of the offense and is submitted in front of the session judge while taking prayer that FIR may kindly be registered. Now session judge will inquire from the police and will order them to register the FIR.
3. Lodge A Private Complaint Instead of FIR
If the Aggrieved person has sufficient evidence in his favor. If he thinks he can handle the prosecution of the accused than it is best for him to start private complaint under section 200 of Cr.PC.
The Concerned court if thinks that complaint is genuine then it will issue summons to the proposed accused under section 204 of Cr.PC. Before summoning the accuse the court has the power to inquire about the matter under section 202 of Cr.PC.
The private complaint is a good tool to initiate the case if the police refuse to register the FIR. Police are not involved in this way but it is quite difficult to prove the guilt of accuse in the private complaint because the expertise of the police in the shape of investigation is not available here.
4. Writ Petition In High Court For Registering FIR
The most efficacious way to register the FIR is to approach the high court. Praying to issue the writ of Mandamus under Article 199 of the constitution of Pakistan 1973, against defaulting police officer. Also directing the police to show cause why the proceeding of criminal misconduct should not be initiated against him.
Punishment may be awarded to the public servant if he disobeys to discharge the duty imposed by law, to which he ought to do under section 166 of the Pakistan Penal Code 1860. This section states that;
”Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both”.
Trough these above-mentioned options an aggrieved person can claim his remedy if the police refuse to register the FIR.