FIR:
First information report.
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Every information
about any cognizable offence given in written or orally to the concerned police
officer and proceeded under section 154 of criminal procedure code
Section
154Cr.pc:
This section
of Criminal procedure code is related to the cognizable offences and duties of
the in charge of police station in situation when an information of any
cognizable offence is given to him.
Under this
section every police officer in charge of police station is bound to writing
every information given to him orally or in writing. He shall reduce to writing
by him or under his direction and then read over to the informant and every
such information given to him in writing or orally shall be signed by the
informant and then it shall be entered in the book kept by such officer in such
form as the provincial Government prescribe.
First information
Report (FIR):
Every
information about any cognizable offence given in written or orally to the
concerned police officer and proceeded under section 154 of criminal procedure
code is called first information report or FIR and police officer in charge of
police station is bound to write it and keep its record in the relevant book .
The first information should be signed by the informant and if the police
officer violate the section 154 of criminal procedure code then informant or
the complainant can file a petition under section 22a and 22b of criminal
procedure code before the justice of peace for the registration of the case.
Plaintiff
have to give complete details of the incident in his application including the
motive behind that incident. Remember motive is the backbone of the criminal
cases and the plaintiff have to prove it with evidence in addition to the circumstantial
evidence.
Mention in
FIR:
i) Name and address with contact number
ii) Day,
date, time and place of occurrence
iii) Motive,
witnesses and details of the occurrence.
iv) Details
of the accuse alongwith the documentary proof if any , avoid to involve the
innocent person or to quote false story.
False
Story:
Avoid to lodge a false fir otherwise you will be prosecute
under section 182 of the ppc
Petition
22-a and 22-b:
A petition of
22-a and 22-b filed before the justice of peace, who calls comments from the
concerned police or if he satisfy without calling the comments. He can order to
register the case or to proceed in accordance with law. Normally comments
called from the police about the matter.
You can
download editable 22-a and 22-b petition
Investigating
officer or I.O
Police officer
appointed to investigate the matter is called Investigating officer or I.O.
Compliance
of order:
If the
officer in charge of the police denied to register the case or not comply to the order of the justice of peace
the aggrieved person can file a petition for compliance of the order of the court
in the concerned court who already issued order in this regard.
Stay
order:
The second party can file case for stay against the order of the justice
of peace to stop criminal proceedings or registration of case if a reasonable
ground exists.
Quashment
of Fir:
If fir registered and any accused of an fir believe that fir
is baseless or have no legal value then
he can file quashment before high court but remember that fir cannot be quashed
partly.
BAIL:
After
registration of the case accused can file pre-arrest and join investigation or
they can be arrested then investigation proceeds.
Section
22:
The
provincial government appoints justice of peace by notification in the official
gazette. the high court has appoint justice of peace or Additional district and
session judges by a comprehensive exam under the control and supervision of
high court for specified seats, for specified number according to the
requirements or equal to the vacant seats.
The justice
of peace decide the matter related to the cognizable offence especially the
application of 22a and 22b filed against the police officers for noncompliance
of the section 154 or registration of a case.
Power of
justice of peace under section22-A:
(1)Justice
of peace for any local area shall, for the making an arrest have within such
area all the powers of a police officer in section 54 and an officer-in-charge
of a police station under section 55 of criminal procedure code.
(2) A
justice of the peace making an arrest in exercise of any power under this
sub-section
Shall,
forthwith, take or cause to be taken the person arrested before the officer in
charge of the closest police headquarters and furnish such officer with a
report on the circumstances, such officer then again arrest the person if
required.
(3) A
justice of peace of any local area shall have power to call any member of the
police force on duty to aid him.
(a) In
taking or preventing the escape of any person who has participated in any
cognizable offence or against whom any complaint has been made.
(b) In the
prevention of crime in general and in particular I n the prevention of crime in
general and in particular in the prevention of a breach of the peace of a
disturbance of the public tranquility
(4) Where a
member of the police on duty has been called upon to render and aid under sub-section
(3), such call shall be deemed to possess been made by a competent
In addition
to above the Justice of peace have power for any local area under the rules
made by the
Government
I) issue
certificate to identify any person living in such area
ii) Verify
any document represented to him.
iii) Attest
any document etc.
22-B Duties
of the justice of peace:
In addition to
the duties assigned by the provincial government justice of peace of any local
area shall.
On receiving
of any information regarding the breach of peace or commission of offence under
his control or in his area can make inquiries of the matter and send it in
writing to the magistrate or officer in charge of the police station etc.
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