15/07/2025
MIAN USMAN IMTIAZ
AHC
PRESENT ON BEHALF OF “PETITIONER”BEFORE THE HONOURABLE COURT OF ASJ/EX OFFICIO JUSTICE OF PEACE LAHORE
IN AN APPLICATION/PETITION
U/S 22A 22B CRPC FOR DIRECTION REGARDING REGISTRATION OF FIR
IN WHICH APPLICATION/PETITION WAS ACCEPTED WITH DIRECTION GIVEN TO CONCERNED “SHO” TO REGISTER FIR AGAINST THE ACCUSED PERSONS
BREIF FACTS:
Petitioner was beaten by his relatives on instigation of his father in law along with that amount of money has also been snatched from him
Petitioner responded by calling at police help line 15 police instead of recording FIRST INFORMATION REPORT initiated proceedings under sec 107/151 CRPC AGAINST BOTH SIDES
Further para 4 and 5 of the orders states that
“4.The petitioner, however, has
annexed supporting documents
including:
• A copy of private complaint filed by his wife (now estranged) which shows animosity from the proposed accused persons;
• A prior petition under Sections
22-A/22-B Cr.P.C. for protection;
• Photographs of the petitioner
with visible injury to the lip;
• Personal pictures showing the
existence of matrimonial relationship.
5.From perusal of the record, it appears that the petitioner has not only
alleged specific, personal, and targeted acts of violence but also substantiated the same through photographic material. These allegations, if taken on their face. constitute cognizable offences
under Sections 382, 148, 149, 506, and 342 PPC.
It is well-settled that the police is under a statutory obligation to register a criminal case once commission of a cognizable offence is disclosed, and cannot take shelter under internal inquiries or preventive measures to avoid this duty.”
Further in the orders of the honourable court in para 7 and para 8 directions to register an FIR against accused persons were given to SHO Concerned
AS
“ 7.The report submitted by the
SP/Addl. District Complaint Officer
concerned is not binding upon this Court. The opinion formed therein, although from a senior officer, cannot override the rights guaranteed to a citizen under the law. Where the complaint discloses cognizable offences, this Court, as Ex-Officio Justice of Peace, is duty-bound to order registration of FIR and not merely "refer" the matter back to the same authority whose inaction is under scrutiny.
8.In view of the above, the SHO, Police Station concerned, is directed
to register FIR on the complaint of the petitioner, strictly in accordance with law.”