FAISAL HAYAT vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, ISLAMABAD (WEST) S — 2024 YLR 1037 ISLAMABAD

Case information

Citation: 2024 YLR 1037 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: YLR
Parties: FAISAL HAYAT vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, ISLAMABAD (WEST) S
Subject matter: Criminal
Provisions referred to: S. 154---P; S. 154

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAISAL HAYAT VS ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, ISLAMABAD (WEST) S.154---Police Rules, 1934, R. 24.5---Expression 'registration of an FIR'---Preliminary inquiry---Object, purpose and scope---Provision of S. 154, Cr.P.C., only requires that substance of information of commission of cognizable offence is to be recorded in a book provided for such purpose---Expression 'registration of an FIR' has acquired loose meaning in our jurisprudence whereby, as it were, the tail wags the dog, and it is expected that the only book for the purpose is the FIR register in Form No. 24.5(1) stipulated under R. 24.5 of Police Rules, 1934---Such conceptual misunderstanding has led to an abuse of expression 'FIR' to the extent that it has become a tool for people to settle their scores and it reduces police to a mere rubber stamp at preliminary stage for being expected to 'register the FIR' and proceed to arrest straightaway---Police is bound to record, immediately on receipt, the substance of information of commission of cognizable offence in police station daily diary---There is no restriction on police carrying out preliminary inquiries thereafter before recording information (along with such additional information that police may have gathered on preliminary inquiries) in FIR Register under R. 24.5 of Police Rules, 1934 for the purposes of carrying out formal investigation---Proceeding to exercise powers of arrest if required and recording in FIR Register under R. 24.5 of Police Rules, 1934 include reasons for police officer's 'suspicion' and need for arrest of accused---Inquiries carried out by police leading to refusing to 'register FIR' in FIR Register is not illegal.

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