529/2024 Criminal Miscelleneous Hantho @ Hansraj (Applicant) V/S Learned Session Judge Tharparkar @ Mithi & others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
529/2024 Criminal Miscelleneous Hantho @ Hansraj (Applicant) V/S Learned Session Judge Tharparkar @ Mithi & others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 01-OCT-24
Section 22-A of Cr.P.C. limits a Justice of Peace's role to ensuring whether a cognizable offense is apparent from a complaint. If so, he can order police to record the statement under section 154 Cr.P.C. His function is to assist the Criminal Justice System, not to investigate or prosecute. The prompt registration of a First Information Report (FIR) is a crucial aspect of criminal justice systems. An Officer In-Charge of a Police Station is obligated to record an FIR when a cognizable offense is reported, regardless of the truthfulness of the information. This duty is separate from the subsequent investigation process. The failure to register an FIR can have serious consequences for victims and can hinder justice. Investigating officers must conduct impartial and honest investigations. They should follow the law and aim to bring the truth to light. If an FIR is not registered or a statement is not recorded, the aggrieved person can file an application under Section 22-A of the Cr.P.C. The Justice of Peace will then examine the application and pass an appropriate order.