| Case ID |
420611b7-0b20-4b8e-ab11-5aba25fcceee |
| Body |
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| Case Number |
Writ Petition No. 3190 of 2020 |
| Decision Date |
Jan 11, 2021 |
| Hearing Date |
Dec 16, 2020 |
| Decision |
The Islamabad High Court allowed the petition filed by Syed Sajid Hussain, setting aside the order dated 08.10.2020 passed by the Additional Sessions Judge-IX, Islamabad. The Court directed the Station House Officer to register an FIR in accordance with the complaint of the petitioner. The Court emphasized that the SHO has no authority to refuse the registration of an FIR when a cognizable offence is disclosed. The ruling reinforced the principle that both civil and criminal proceedings can coexist, and the role of the Justice of Peace is limited to examining whether a cognizable offence is made out based on the information provided, without delving into the authenticity of the information. This decision is significant for upholding the rights of individuals seeking justice and reinforces the obligation of police to register FIRs when warranted. |
| Summary |
In the case at hand, the Islamabad High Court addressed the powers of the Justice of Peace under the Criminal Procedure Code regarding the registration of FIRs. The petitioner, Syed Sajid Hussain, challenged the dismissal of his application to register an FIR against the proposed accused, Asad Naveed Khan, for various offences including fraud, criminal trespass, and theft. The Court established that the SHO is mandated to register FIRs upon receipt of credible information regarding cognizable offences, as outlined in Section 154 of the Criminal Procedure Code. The ruling clarified that the Justice of Peace’s role is strictly to assess whether the information constitutes a cognizable offence, without conducting independent investigations. The decision highlighted the importance of allowing concurrent civil and criminal proceedings, affirming that the existence of civil suits does not preclude the registration of criminal cases. This landmark ruling serves to protect the rights of complainants and enforce police accountability in the registration of FIRs, ensuring that justice is accessible and effectively administered. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Lubna Saleem Pervez,
Syed Sajid Hussain
|
| Lawyers |
Taimoor Aslam Khan,
Ms. Bushra Tariq Raja
|
| Petitioners |
Syed Sajid Hussain
|
| Respondents |
5 Others,
Ex-Officio Justice of Peace/Additional Sessions Judge IX, West, Islamabad
|
| Citations |
2022 YLR 112,
2022 SLD 414
|
| Other Citations |
Mst. Sughran Bibi v. The State PLD 2018 SC 595,
Muhammad Bashir v. Station House Officer, Okara Cantt PLD 2007 SC 539,
Ashiq Hussain v. Justice of Peace, Alipur 2010 YLR 774,
Yousuf Khan v. The State 2012 PCr.LJ 383,
Muhammad Hanif’s case 2013 PCr.LJ 449,
Seema Fareed v. The State 2008 SCMR 839,
Rab Nawaz v. Station House Officer Police Station Dharki 2012 MLD 736
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
22-A,
154
|