What can you do when the police refuse to register your FIR? And what may the Justice of Peace do about it? Our research paper studies 64 judgments of the Supreme Court and the Peshawar High Court on sections 22-A and 22-B of the Code of Criminal Procedure. This article summarises what they decide.

What kind of power does the Justice of Peace exercise?

For a time the Supreme Court treated an order under section 22-A(6) as executive, outside section 561-A (PLD 2014 SC 753). A five-member bench then held in Younas Abbas (PLD 2016 SC 581) that the function is quasi-judicial, complementary to the police, and open to judicial review where the Justice of Peace exceeds his powers.

The Justice of Peace is not a court and cannot try offences (PLD 2020 Peshawar 129). Ignoring his order is not contempt punishable under section 228 P.P.C. (2011 SCMR 1485).

When will he direct registration of an FIR?

Registering an FIR under section 154 is a duty of the police, not a discretion (PLD 2007 SC 539). The Justice of Peace asks only one question: does the information disclose a cognizable offence? He does not decide whether it is true (PLD 2007 SC 539; 2024 SCMR 1123).

  • He cannot record statements on oath (2018 PCr.LJ 1051).
  • He cannot direct that a particular section be inserted in the FIR (2012 PCr.LJ 873).
  • Delay by the SHO in registering is presumed to benefit the accused, and the police must explain it (2026 SCMR 1798).

When will he refuse?

Relief is refused for civil disputes, non-cognizable offences and official acts done in good faith (2021 SCMR 468; 2022 SCMR 576; 2025 PCr.LJ 983). Non-cognizable matters go to the Magistrate under section 155 (2021 PCr.LJ 66). Where relief is refused, the applicant can still file a private complaint (PLD 2010 SC 691; 2016 PCr.LJ 1232). Such applications are not to be entertained lightly (2024 SCMR 985).

Can a second FIR be registered?

Generally no. The Supreme Court held in PLD 2018 SC 595 that a rival version of the same occurrence is recorded in the existing case under section 161, not in a new FIR. Earlier decisions allowing second FIRs (2017 PCr.LJ 617; 2016 PCr.LJ Note 53) must be read subject to it.

FIRs against police officers

The Justice of Peace may direct an FIR against an SHO through the District Police Officer (2019 MLD 7). Illegal detention, with no clear denial from the DPO, led to an FIR in 2025 PCr.LJ 905. But an arrest, or action to keep the peace, is not by itself enough (2018 PCr.LJ Note 107; 2023 PCr.LJ Note 36).

Must the proposed accused be heard?

The Peshawar High Court has required notice to the person against whom the FIR is sought (PLD 2019 Peshawar 154), and there is no bar on hearing him (2019 MLD 1148). The Supreme Court has not yet decided whether notice is mandatory in every case.

Challenging the Justice of Peace's order

A challenge lies under Article 199 of the Constitution, not section 561-A, which does not reach FIRs or investigations (PLD 2023 SC 265). The High Court does not re-examine the facts (2019 PCr.LJ 1260), and rarely disturbs a direction to register where a cognizable offence is alleged (2009 PCr.LJ 1106; 2018 PCr.LJ 392). Going straight to the High Court without first approaching the Justice of Peace may be refused (2018 YLR Note 153). An FIR, once registered, is quashed only in exceptional cases (PLD 2025 SC 254).

Practical checklist: for the applicant

  • Approach the SHO, and then the DPO, in writing, and keep the receipts. Younas Abbas expects the police hierarchy to be approached first.
  • Plead the facts that make the offence cognizable, and attach any medico-legal report. Do not argue the evidence.
  • Show that the matter is criminal, not civil.
  • Use the correct forum, such as the Anti-Corruption Establishment or the FIA where they have exclusive jurisdiction.

Practical checklist: for the respondent

  • Ask to be heard, and file a reply with documents.
  • Show that the dispute is civil, mala fide or a counterblast.
  • If you are an official, show that you acted in lawful duty with no personal motive.
  • Challenge an adverse order by writ petition, not under section 561-A.

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This article is general information on the law, not advice on your own case. Time limits can matter, so speak to an advocate promptly about your own matter.