22-A&B CrPC

 

IN THE COURT OF DISTRICT SESSIONS JUDGE KARACHI EAST

PETITION  NO:         /2023

ABC

Karachi                                                          -----------                    Complainant

 

V E R S U S

1.      SSP Karachi East

2.      Station House Officer,

Police Station Gulistan-e-johar Karachi.

 

3.      ABC

Karachi                                              -------------                 Purpose Accused

 

APPLICATION UNDER SECTION 22-A&B

That succinctly stated the facts giving rise to the filing of instant complaint are that the complainant is living with two daughters .....................

1.      That immediately after the occurrence, the complainants approached the concerned Police Station Gulistan-e-Johar, however, no action was taken against the accused persons; on the contrary police officials misbehaved with the complainant and refused take application in this regard the complaint sent the application through TCS same is refused to received.

(Copy of application, receipt and conformation report annexed herewith P/1 to P/3)

 

2.    That admittedly a cognizable offence is made out from the contents of application moved by the petitioner but the respondent No.1, is not performing his duty enjoined upon them under the law and constitution.

3.    That the word “shall” has been employed in section 154 of the Cr.P.C., which is mandatory in its operation and made it obligatory on the local police to register the case, if any cognizable offences has been made out and respondent No.1 have legally bound to given protection to complainant, which right given in constructional Pakistan to every of citizen of, No person shall be deprived of life or liberty save in accordance with law. therefore respondents did not act in accordance with the law, being public functionary. Reliance is placed on 2002 PCrLJ 2007.

4.    That registration of a case in the cognizable offense under the provision of section 154 Cr.PC, is the statutory duty of officer/ in-charge of police to enter any complaint either written or verbal in the shape of FIR, but in the present case, the respondent miserably failed to discharge his duty in accordance with the law. Reliance is humbly placed in 2005 PCr.LJ 906.

5.    That registration of case is an independent right of any person and such person can report the matter to in charge of the concerned police station who is bound under section 154 Cr.PC to record the version of the petitioner and conduct the investigation in accordance with the law, but in the instant case nothing has been done on the part of respondents, therefore he committed illegality. Reliance is placed on PLD 2002 Lah 78.

6.    That supreme court has time and again held that the police are duty-bound to register a criminal case on receiving an application about a cognizable offense. The law laid down in supreme court 2007 PLD 539 about the registration of the FIR is very much clear on the subject the respondent has not acted in accordance with law

7.      That come what may the action of the police officials of not registering the case is an offence being patently illegal and  are liable to action.

8.    That from the contents of application a cognizable offence is made out, but the respondents No.1 is not performing his duties enjoined upon him under the law. 

PRAYER:-

         It is, therefore, respectfully prayed that a direction may be issued to the respondents to given protection and register a case against the accused persons, to arrest them and to proceed against them according to law, in the interest of justice.

 Any other relief which this Honorable court may deem fit and proper be also awarded to the petitioner.

 

Karachi:

Dated:            /08/2023                                                        COMPLAINANTS   

 

ADVOCATE HIGH COURT

It is certified that upon instructions of my client it is the 1st complaint u/s 22-A &B filed before this Honourable Court in the instant matter.

 

Advocate Ghulam Abbas Goyal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF DISTRICT SESSIONS JUDGE KARACHI EAST

 

PETITION  NO:         /2023

ABC                                                          -----------                    Complainant

 

V E R S U S

SSP & Others.                                               -------------                 Purpose Accused

 

Affidavit

I .................................................................................Karachi do hereby stated on oath as under:

1.      I  am the deponent herein in the above mention case as such I am acquainted with the facts of this case.

 

2.      That the companying petition under section 22 A&B with affidavit draft under my instruction.

 

3.      That unless I am granted petition, I shall suffer irreparable loss and injury.

 

4.      That whatever stated above is true and correct to the best of my knowledge and belief in the eyes of public.

 

Karachi:

Dated:         /08/2023                                            Deponent