Complaint to Justice of the Peace under Section 22-A CrPC

BEFORE THE LEARNED SESSIONS JUDGE / EX-OFFICIO JUSTICE OF PEACE, district

Cr. Misc. Application No. _____ of year Under Section 22-A(6) of the Code of Criminal Procedure 1898

applicant_name, son/daughter of applicant_father, aged about applicant_age years, occupation: applicant_occupation, resident of applicant_address, holder of CNIC No. applicant_cnic ... Applicant

VERSUS

1. The Station House Officer, Police Station police_station, district; 2. accused_name, son/daughter of accused_father, resident of accused_address, CNIC No. accused_cnic (Proposed Accused); 3. The State, through the District Public Prosecutor, district ... Respondents

APPLICATION UNDER SECTION 22-A(6) OF THE CODE OF CRIMINAL PROCEDURE 1898 SEEKING DIRECTION TO RESPONDENT NO. 1 FOR REGISTRATION OF FIR / REMEDY AGAINST POLICE INACTION

Respectfully sheweth:

1. That the Applicant is a law-abiding citizen of Pakistan, holder of the CNIC mentioned above, and is a victim of / a person directly aggrieved by the cognizable offence described below, having been the target of unlawful conduct on the part of the proposed accused (Respondent No. 2).

2. NATURE OF OFFENCE: The Applicant has been the victim of a cognizable offence punishable under Sections offence_sections of the Pakistan Penal Code 1860 / other applicable special law, namely offence_description. The said offence is non-bailable / cognizable in nature, requiring immediate registration of FIR and investigation by the police.

3. OCCURRENCE: The occurrence took place on occurrence_date at approximately occurrence_time at occurrence_place. The detailed facts of the occurrence are as follows: occurrence_facts.

4. ROLE OF PROPOSED ACCUSED: The role of the proposed accused (Respondent No. 2) in the commission of the offence is described as follows: accused_role_description. The proposed accused is identifiable to the Applicant by name, address, and CNIC, and the Applicant is in a position to support the prosecution of the case.

5. WITNESSES: The following persons were present at the time of the occurrence and are eye-witnesses to the offence committed against the Applicant: witnesses_list. These witnesses are willing to support the prosecution and to record their statements before the Investigating Officer.

6. EVIDENCE AVAILABLE: The Applicant has the following evidence in support of the allegations: evidence_available (medical report, documentary record, photographs, CCTV footage, audio / video recordings, mobile phone records, bank statements, etc.). The Applicant is prepared to produce all such evidence before the Investigating Officer.

7. APPROACH TO POLICE STATION: On police_approach_date, immediately after the occurrence, the Applicant approached Respondent No. 1 (the Station House Officer) at Police Station police_station and submitted a detailed written application setting out the facts of the occurrence and the role of the proposed accused, requesting registration of an FIR. A copy of the said application is annexed and marked as Exhibit P-1.

8. INACTION BY POLICE: Despite the lapse of period_of_inaction since the said written application, Respondent No. 1 has either failed and neglected to register an FIR, or has registered the FIR in a defective / partial manner that does not reflect the true facts and the proper offence(s) committed against the Applicant. The Applicant has approached Respondent No. 1 on multiple occasions thereafter, on follow_up_dates, but the response has been evasive.

9. REASONS FOR INACTION: It appears that the inaction of Respondent No. 1 is motivated by inaction_reasons (influence of the proposed accused / political pressure / collusion / nepotism / unlawful gratification / etc.), and is not based on any genuine doubt as to the merits of the Applicant's complaint.

10. APPROACH TO HIGHER AUTHORITIES: The Applicant has also approached the higher police authorities, including the SP / SSP / DPO concerned, on higher_approach_date, by way of written representation, for redress of the inaction of Respondent No. 1. The said representation has remained ineffective, and the Applicant has been left with no alternative but to approach this Honourable Court.

11. STATUTORY DUTY OF SHO: Under Section 154 of the Code of Criminal Procedure 1898, every Station House Officer is bound to register every information of a cognizable offence in the prescribed manner, without applying any preliminary scrutiny on the merits. The continued refusal of Respondent No. 1 to register the FIR is in clear violation of the statutory duty under Section 154 CrPC.

12. JURISDICTION OF JUSTICE OF PEACE: Section 22-A(6) of the Code of Criminal Procedure 1898 confers upon the Sessions Judge as ex-officio Justice of Peace the jurisdiction to issue appropriate directions to the police authorities for registration of FIR / proper investigation in cases of police inaction or non-registration of cognizable offences.

13. URGENCY: Time is of the essence in the present case, as delay in registration of FIR may result in (a) destruction or fabrication of evidence by the proposed accused; (b) absconding of the proposed accused; (c) intimidation of witnesses; and (d) loss of recovery opportunities. The Applicant therefore prays for urgent directions to be issued.

14. NO PRIOR APPLICATION: There is no prior or pending application of the Applicant under Section 22-A CrPC before any other forum in respect of the same occurrence, save and except prior_application_disclosure.

15. CAUSE OF ACTION: The cause of action accrued to the Applicant on occurrence_date when the offence was committed, and continues to subsist by reason of the continuing inaction of Respondent No. 1.

PRAYER

In view of the foregoing, the Applicant most respectfully prays that this Honourable Court / Justice of Peace, after hearing the parties and considering the material on record, may be pleased to:

(a) Direct Respondent No. 1 (Station House Officer) to register an FIR forthwith on the basis of the Applicant's written application dated police_approach_date, under the appropriate Sections of the Pakistan Penal Code 1860 / other applicable law, against the proposed accused;

(b) Direct Respondent No. 1 to investigate the case promptly, fairly, and impartially in accordance with the law, and to submit a periodic progress report to this Honourable Court;

(c) Direct preservation of the evidence, securing of the crime scene, recording of statements of witnesses, and arrest of the proposed accused as may be warranted in law;

(d) Direct that any departure from the directions of this Honourable Court will entail appropriate departmental and legal action against the officials concerned;

(e) Award costs of the application to the Applicant; and

(f) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 15 of the above application are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ applicant_name Applicant Through: _____________________________ counsel_name Advocate