⚡ Legal Summary

Section 22-A CrPC is the primary legal tool used to challenge a Police Refusal of FIR in Pakistan. It grants the Justice of the Peace (usually the District Sessions Judge) the authority to direct the SHO of a police station to register a criminal case for a cognizable offence if statutory duties under Section 154 are neglected[cite: 1, 5].

دفعہ 22-A ضابطہ فوجداری: اگر پولیس ایف آئی آر درج کرنے سے انکار کرے تو سیشن جج (جسٹس آف پیس) پولیس کو مقدمہ درج کرنے کا حکم دے سکتا ہے۔[cite: 5]

Facing a Corrupt Police Refusal?

In Pakistan, the registration of a First Information Report (FIR) is the gateway to justice. However, it is a harsh reality that SHOs often refuse to register cases involving influential accused persons or due to administrative laziness. Section 22-A CrPC was designed precisely to break this deadlock. Whether you are in Mastung, Quetta, or any district of Pakistan, the Sessions Judge acts as your protection against police high-handedness.

The Duty of the SHO under Section 154

According to Section 154 of the CrPC, once information disclosing a cognizable offence is provided to the police, they have no discretion to refuse registration[cite: 1, 5]. They cannot conduct a "preliminary inquiry" before registering the FIR if the offence is cognizable (e.g., robbery, murder, or fraud under PPC). If they refuse, they violate their statutory duty, making them liable for 22-A proceedings.

The 2026 Protocol: 5 Steps to Force FIR Registration

Filing a 22-A petition is not just about submitting a paper; it is about proving the police's failure to the court. Follow this strict protocol:

  1. The Written Application (Section 154)

    Draft a detailed complaint. Submit it to the SHO. Ensure you receive a "Diary Number" or "Roznamcha" entry copy. If they refuse to even receive it, send it via **Registered Post AD**. This postal receipt is vital court evidence.

  2. Escalation to the SP/DPO

    Courts now require you to show you exhausted administrative remedies. File a complaint with the District Police Officer (DPO) or SSP Operations. Wait for 24-48 hours. If there is still no FIR, move to the next step.

  3. Filing the 22-A Petition

    Approach the Sessions Court. Your 22-A CrPC application must include the incident facts, the Pakistan Penal Code (PPC) sections involved, and proof that you approached the police first.

  4. The "Police Comments" Phase

    The Justice of the Peace will issue a notice to the SHO to submit "comments." The SHO will likely argue it is a civil matter. As your counsel, we counter this by showing the criminal element (e.g., criminal intimidation or theft)[cite: 7, 8].

  5. The Mandatory Court Order

    If the judge finds that a cognizable offence is disclosed, they will issue a Mandatory Direction for the FIR. If the SHO ignores this, we immediately file for **Contempt of Court** under Article 204.

⚠️ Critical Warning: The Trap of "Civil Nature"

SHOs often label property or money disputes as "Civil Nature" to avoid FIRs. Chief Atta Ullah Baloch advises: If there was Criminal Breach of Trust (PPC 406) or Cheating (PPC 420), it is a criminal offence[cite: 7, 8]. Do not let the police redirect you to civil courts if a crime has occurred. A 22-A petition is your way to tell the judge that the police are misclassifying the crime.

پولیس اکثر مقدمے کو "دیوانی معاملہ" کہہ کر ٹال دیتی ہے۔ اگر آپ کے ساتھ دھوکہ دہی (420) یا امانت میں خیانت (406) ہوئی ہے، تو یہ فوجداری جرم ہے۔[cite: 7, 8]

Beyond FIR: Powers of Justice of Peace (22-A & 22-B)

The Justice of Peace holds several other "Police-like" powers under Section 22-A(6)[cite: 1, 5]:

  • Transfer of Investigation: If the current Investigating Officer (IO) is biased or taking bribes, the court can order the transfer of the case to another officer or station[cite: 1, 5].
  • Police Excesses: If a person is being harassed by police without an FIR, the Justice of Peace can summon the officer and stop the illegal harassment[cite: 1, 5].
  • Aiding Police (22-B): This section defines the duties of citizens to assist the Justice of Peace in maintaining order and reporting local crimes[cite: 1, 5].

Comparison: 22-A vs. Private Complaint (Section 200)

Sometimes, a 22-A is not enough. If the police investigation is completely compromised, we recommend a Private Complaint (Istaghasa) under Section 200 CrPC. This bypasses the police entirely, and the Magistrate conducts the inquiry directly[cite: 1, 5].

Expert Advisory by Chief Atta Ullah Baloch

"In my 20+ years at the High Court, I have seen thousands of 22-A petitions fail because of delay. If you wait 15 days to file your 22-A, the judge will suspect the FIR is an afterthought or based on 'consultation and deliberation.' Speed is your best witness. File your police applications within hours of the incident to maintain the 'spontaneous' nature of the evidence."

Consult on Your Case Now

Frequently Asked Questions: 22-A CrPC

Can the judge refuse to order an FIR?

Yes. If the application does not disclose a cognizable offence (e.g., simple verbal abuse that doesn't reach the level of criminal intimidation), the judge may dismiss it. This is why proper legal drafting is essential[cite: 1, 5].

What if the police register a 'False' counter-FIR?

This is common. We use Section 22-A to show the court that the counter-FIR is a "Police Excess" designed to pressure the victim into a compromise. The court can order an independent investigation[cite: 1, 5].

Do I need a lawyer for a 22-A petition?

While a citizen can technically move the court, SHOs are represented by the State Prosecutor. Without a Senior Advocate, the police often mislead the court with technical jargon. Professional representation ensures the PPC sections are correctly argued[cite: 7, 8].

Chief Atta Ullah Baloch

Chief Atta Ullah Baloch

Senior Advocate High Court | Founder, MK Legal Hub

Leading authority on Criminal Procedure in Balochistan. Specializing in high-stakes litigation at the Mastung District Courts and Quetta High Court. Known for architecting successful FIR registration strategies under 22-A CrPC.