Police Refusing to Register Your FIR in Karachi? How Section 22-A CrPC Helps

You went to the police station to report a crime, and the duty officer sent you away, told you to "settle it", or simply never wrote anything down. This happens often in Karachi, but the law does not leave you without a remedy. If the police will not register a First Information Report (FIR), you can ask the Justice of Peace to direct them to do so.

This guide explains your rights and the steps to take. Every case depends on its facts, so treat it as a practical overview rather than final advice.

What is an FIR and why does it matter?

An FIR is the first written record of a cognizable offence, made by the officer in charge of a police station under section 154 of the Code of Criminal Procedure, 1898 (CrPC). It starts the police investigation. Without it, there is usually no investigation, no arrest and no challan (charge sheet) before the trial court.

Cognizable offences are the more serious ones, such as theft, robbery, assault, fraud, cheque dishonour under section 489-F, and criminal trespass, where the police can act without a warrant.

Is the police officer bound to register the FIR?

Where the information discloses a cognizable offence, the officer in charge is under a legal duty to record it. The officer is not supposed to decide at this stage whether the complaint is true. That is the job of the investigation and, later, the court.

In practice, officers sometimes refuse because the accused is influential, the matter looks "civil", or they want a preliminary inquiry first. A refusal is not the end of the road.

Step 1: Give a written application at the police station

Write out what happened: date, time, place, the names or descriptions of the accused, witnesses, and any loss or injury. Sign it, keep a copy, and try to get a receipt or a stamped copy from the police station. If the station will not accept it, send it by registered post or courier to the SHO.

Step 2: Approach the senior police officers

You can send the same application to the Superintendent of Police (SP) or Senior Superintendent of Police (SSP) of the district. Keep proof of delivery. This often resolves the matter, and it also shows the court later that you tried every police channel.

Step 3: Apply to the Justice of Peace under section 22-A CrPC

If the police still refuse, you can file an application under section 22-A(6) CrPC before the Justice of Peace. In Karachi, the Sessions Judge and the Additional Sessions Judges of each district act as ex-officio Justices of Peace.

The application should include:

• the facts of the offence, in order
• your attempts to have the FIR registered, with copies of the applications and delivery proof
• the police station concerned
• a prayer asking that the SHO be directed to record your statement under section 154 CrPC

What happens after filing?

1. Notice and police report. The Justice of Peace usually calls for a report or comments from the SHO.
2. Hearing. Both sides are heard. The Justice of Peace checks whether your information discloses a cognizable offence and whether the police failed in their duty.
3. Order. If satisfied, the Justice of Peace directs the SHO to record your statement and proceed according to law. If the application looks mala fide or the matter is purely civil, it can be dismissed.

The Supreme Court of Pakistan has described these functions of the Justice of Peace as quasi-judicial, so the order should give reasons and can be challenged.

If the Justice of Peace rejects your application

You still have options:

• Private complaint. You can file a complaint directly before the Magistrate or Sessions Court under section 200 CrPC, where the court records your evidence and can summon the accused.
• Constitutional petition. In suitable cases, an order of the Justice of Peace can be challenged before the Sindh High Court under Article 199 of the Constitution.

If an FIR has been registered against you

The same rules work the other way. If a false FIR is lodged against you, you can seek protective or pre-arrest bail, ask senior police officers for a change of investigation, or in rare cases ask the High Court to quash the proceedings.

Practical tips

• Report the incident as soon as possible. Unexplained delay weakens a complaint.
• Get a medical examination quickly in injury cases and keep the medico-legal certificate.
• Keep screenshots, call logs, CCTV footage and receipts safe.
• Stick to facts. Exaggeration in an FIR often damages the case later.

How MSA Law Chamber can help

Our litigation and dispute resolution team in Karachi drafts police applications, files and argues section 22-A petitions before the Justices of Peace, files private complaints, and handles constitutional petitions before the Sindh High Court. We also act for people facing false FIRs. Contact us to discuss your matter.

Disclaimer: This article is general information about the law in Pakistan as at the date shown. It is not legal advice and does not create a lawyer-client relationship. Laws, fees and procedures change; please take advice on your own facts before acting.