Procedure of FIR In Pakistan
Procedure of FIR in Pakistan (Step by Step Guide) |
In this article we will discuss detailed procedure of FIR in Pakistan, how FIR registered, who can lodged FIR in Punjab, against whom FIR can be registered and investigation upon an FIR after registration of a criminal case including relevant provisions of law.
For registration of FIR following factors should be existed because without leaking any one of factor FIR will be cancelled and of no affect:-
1- Someone/accused has committed an offence
2- Offence must be cognizable (in non-cognizable see section 155 of Cr.P.C)
3- Information regarding FIR must be reported to local police immediately
Who can Lodged FIR
According to law/ section 154 Cr.P.C, every person is competent to lodge FIR against the accused because law only emphasized to report the information to local police, irrespective of the fact, informer has affected or not.
However, the nature of offence should be cognizable if the local police after listening the information thinks that offence is not cognizable then complainant/information be sent to concerned magistrate and permission can be asked.
How FIR Registered / FIR in Punjab Police
In order to get registered FIR in Punjab Police (Lahore etc), the person against whom offence is done shall have to approach to the local police station and submit application for registration of FIR whereon officer incharge of police station after receiving information is duty bound to lodge FIR if the offence is cognizable as mentioned in Section 154 Cr.P.C, otherwise the officer incharge shall forward the informer to concerned magistrate and seek permission under section 155 Cr.P.C., in either case local police is duty bound to get registered the FIR and start investigation.
Section 154 Cr.P.C
Section 154 Cr.P.C |
Section 155 Cr.P.C
Section 155 Cr.P.C |
Procedure After FIR is lodged in Pakistan
After registration of FIR, Punjab Police/ Concerned Official are legally bound to initiate investigation and arrest the accused person of FIR for the purposes to collect evidence. On the other hands, the accused person against whom FIR is lodged in Pakistan or anywhere in Pakistan, after knowing this fact, should approached the court of law for the purposes of bail (pre arrest bail under section 496 Cr.P.C.) and then accused is legally bound to join the investigation in order to prove his innocence and during investigation both i.e. complainant and accused appeared before I.O. (investigation officer)
Who is Investigation Officer:-
Investigation officer means/includes such official of local police to whom FIR is sent for the purposes of investigation in order to dig the true, who listen the both parties and collect evidence from both then given his final opinion as to the commission of offence. He is also competent to cancel FIR under section 169 Cr.P.C if during investigation he found that FIR is false or has been registered for the purposes of blackmailing or the matter between the parties is of civil nature.
When Pre-Arrest Bail Is Filed
If the accused has information that a FIR has been lodged against him, then the accused has to receive the copy of FIR from local police and approach to the concern court and get bail under section 496 Cr.P.C (Pre Arrest Bail), the concerned court allowed the accused bail so that the accused may join the investigation and could prove his innocence.
When Post Arrest Bail Is Filed:-
When accused is arrested in a criminal case/fir registered against him, then accused is produced before concern magistrate with handcuff with 24 hours of his arrest and concerned magistrate if thinks fit that accused be sent back to the custody of local police then passed an order in this regard, otherwise, the court is competent to discharge the accused or sent the accused on furnishing bail bonds.
Report Under Section 173 Cr.P.C
The investigation officer of case after completion his investigation is duty bound to prepared report under section 173 Cr.P.C and submit the same before competent court, whereon accused and complainant are summoned for the purposes to face trial and proved their respective case.
In this way, we conclude the topic regarding Procedure of FIR in Pakistan, how FIR is registered in Punjab Police and who can lodged the FIR, against whom FIR is registered and procedure after registration of a criminal case/FIR and submission of challan/report under section 173 Cr.P.C. keep reading next we will discuss challan report under section 173 Cr.P.C.
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