716/2024 Criminal Miscelleneous Muhammad Ibrahim S/o Usman (Applicant) V/S The State & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 11-JUL-24
The condition precedent for recording an FIR is that it should convey the information of an offense and that too a cognizable one. The remedy of filing a direct complaint cannot measure or match up to the mechanism provided under section 154, Cr.P.C., in which the Officer Incharge of a Police Station is duty-bound to record the statement and register the FIR if a cognizable offence is made out. If in every case it is presumed or assumed that instead of insisting or emphasizing the lodgment of an FIR, the party may file a direct complaint, then the purpose of recording an FIR, as envisaged under section 154, Cr.P.C., will become redundant and futile and it would be very easy for the police to refuse the registration of an FIR with the advice to file a direct complaint. However, in some exceptional circumstances, the alternate remedy in the shape of a direct complaint may be availed but not in every case.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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