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MAY IT PLEASE YOUR HONOUR: –
IN THE COURT OF LEARNED SESSION JUDGE/ EX OFFICIO JUSTICE OF PEACE, LAHORE
Petition No.___________________/2024
____ Son of __, resident of _____
Petitioner
Vs
The SHO, Police station ______
Respondent
PETITION U/S 22-A / 22-B, CR.P.C. SEEKING REGISTRATION OF CRIMINAL CASE
MAY IT PLEASE YOUR HONOUR: –
The addresses of the parties provided at the beginning of the petition are accurate and adequate for the purposes of notice and service.
That the brief facts leading to the present case are that the petitioner submitted an application having diary no, ___ Dated: _________ before the respondent seeking the registration of FIR (a copy of which is attached hereto) against the accused’s namely ___
That the contents of the application sufficiently establish the commission of a cognizable offense and sufficient to prove that cognizable offense has been made out as serious allegations leveled against the nominated accused.
That the petitioner visited the police station to provide a comprehensive account of the incident; however, Despite the petitioner's repeated efforts, the respondent has refused to register a criminal case and is continuously delaying the matter under various pretexts and unequivocally declined to initiate the registration of the case as per Law.
That all the individuals named in the attached application have allegedly engaged in constituting offenses as delineated in the said application, these all offenses are cognizable.
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.
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 duty 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.
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.
That the 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.
That non-registration of a criminal case by the respondent not only constitutes a breach of legal provisions but also constitutes an abuse of the process of law.
PRAYER:
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 law in the interest of justice.
Any other relief that this honorable court deems just and equitable in the circumstances of the case may be granted.
Petitioner
Through
Counsel
_______________
Advocate High Court
