District East Courts, Karachi

District Courts East, Karachi

Non Registration of FIR: Important Sindh High Court Order

A Sessions Judge acting as ex-officio Justice of Peace can always issue appropriate directions to the police authorities on a complaint regarding non-registration of a criminal case or neglect or failure by a police authority in relation to its functions. More

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District Courts East, Karachi

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Facing Problem in FIR Registration ?

On 24rth September, 2003, the Additional IGP/CCPO Karachi issued an order to all police officers not to register and investigate an FIR under the law u/s420/406/409/506-B PPC, without the prior approval of the Additional IGP/CCPO office. In all such cases a justifiable report with the legal opinion of the concerned PDSP must be forwarded to AIGP / CCPO office along with candid views and comments of DIGP Operations for further action. This was to ensure that no illegality or highhandedness is done at lower levels.

The order mentioned that this step is taken as a large number of complaints are received against police for twisting the facts so that money matters of purely civil nature are brought within the ambit of criminal law. This is all done with ulterior motives”. The order also mentioned that the misuse is well reflected by the figures that as many as 501 cases under the above law have been registered within a period of 9 months . Registration and investigation of these cases takes away the focus from the real crime prevention and detection work in addition to bringing bad name to Police.This matter came before the court when SHO P.S. Khokharapar, refuse to register an FIR under the abovementioned order.

However, it was noticed by the courts that such an order was creating problems and undue delays for genuine complainers. In the words of the court"Bare perusal of the letter of the CCPO clearly indicates that the contents thereof are in violation of Section 154 Cr.P.C. therefore, prima facie the CCPO by stopping the SHOs of the Police stations of City District, Karachi from registering the FIRs in respect of commission of the cognizable offences, and making statutory provisions redundant, therefore, has himself committed an offence punishable under Section 155(C) of Police Order, 2002."

In view of the above, it was directed by the court that " SHO P.S. khokhrapar to register the FIR of the applicant on his application submitted to him forthwith under intimation to this court. " The Court also directed the AIGP/CCPO, Karachi to " show cause as to why a case under Section 155(C) and (d) of the Police Order, 2002 may not be registered against him."
The order was withdrawn by the/AIGP CCPO Karachi on 20th May, 2004.

Since then, Pre FIR investigation order was withdrawn was withdrawn first from all Karachi Districts and then from all over Sindh.

Order of the AIGP/CCPO, Karachi
District & Sessions Courts’ Decision
What is an FIR ?

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