How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan
First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. It is a duty of police to register FIR without any delay or excuses.
If Police refuses to register FIR then the aggrieved person can approach District & Sessions Judge for directing the Police to register his statement U/s. 154 Cr.P.C. In Karachi there are 5 Districts, therefore aggrived person havde to approch the District Judge who has jurisdiction of that Police Station.
A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.
A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission.
Why is FIR important?
FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police start investigation of the case. According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.
Who can lodge FIR?
Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer that comes to know about a cognizable offence can file an FIR himself/herself. You can file FIR if:
a. You are the person against whom the offence has been committed.
b. You know yourself about an offence, which has been committed.
c. You have seen the offence being committed.
The police may not investigate a complaint even if you file an FIR, when:
1. The case is not serious in nature.
2. The police feel that there is not enough ground to investigate.
3. The police resources are already over-committed in investigating more serious offences. However, the police must record the reasons for not conducting an investigation and in the latter case must inform you (Section 157 of the Code of Criminal Procedure, 1898).
What is the procedure of filling FIR?
The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:
I. When information about the commission of a cognizable offence is given
orally, the police must write it down.
II. It is your right as a person giving information or making a complaint to
demand that the information recorded by the police is read over to you.
III. Once the police have recorded the information in the FIR Register, the person
giving the information must sign it.
IV. You should sign the report only after verifying that the information recorded
by the police is as per the details given by you.
V. People who cannot read or write must put their left thumb impression on the
document after being satisfied that it is a correct record.
VI. Always ask for a copy of the FIR, if the police do not give it to you.
VII. It is your right to get a copy of FIR free of cost.
What should you mention in the FIR?
1. Your name and address;
2. Date, Time and Location of the incident you are reporting;
3. The true facts of the incident as they occurred, including the use of weapons, if any;
4. Names and description of the persons involved in the incident;
5. Names and addresses of witnesses, if any. (Format used by the police for the registration of FIR is attached).
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