Criminal law · For advocates

22-A petition? Know the limits.

In short

Issue directions to the police on non-registration of a case, transfer of investigation, or police neglect or excess (CrPC s.22-A(6)). The Supreme Court calls the function quasi-judicial (PLD 2016 SC 581).

By the FAI Legal editorial desk · 10 October 2026 · 11 slides · 2 min read

The power.

Section 22-A(6), CrPC.

“An ex-officio Justice of the Peace may issue appropriate directions to the police authorities concerned on a complaint regarding- (i) non-registration of a criminal case; (ii) transfer of investigation from one police officer to another; and (iii) neglect, failure or excess committed by a police authority in relation to its functions and duties.”
Code of Criminal Procedure, 1898 · Section 22-A(6), Powers of Justices of the Peace

Quasi- judicial.

PLD 2016 SC 581, Supreme Court.

Not ministerialThe functions are quasi-judicial, not executive, administrative or ministerial.
ComplementaryThey complement the police and do not interfere with investigation.
Hearing allowedNo bar to hearing the other side before an order (2019 MLD 1148, Peshawar).

Quick quiz. Civil dispute.

Guess first, then swipe for the answer.

A. Refuse: it is a civil dispute
B. See if a cognizable offence is disclosed
C. Decide who is telling the truth

Answer: B. No mini trial.

High Courts on the scope.

2019 YLR 1104Pending litigation is no bar; the SHO must record the statement if a cognizable offence is made out (Sindh).
2019 PCrLJN 28No inquiry into truth; direct registration where a cognizable offence is alleged (Islamabad).
ButWhere the SHO's report showed a lawful eviction, the refusal stood (2020 YLR 1341, Peshawar).

Not cognizable?

Balochistan High Court, 2022 YLR 2215.

Daily diaryThe SHO enters it and proceeds under s.155 with the Magistrate's permission.
Private complaintOr the complainant files a complaint under s.200.
QuashedAn FIR directed where no cognizable offence was made out was quashed.

Fair to the police.

Sindh High Court, 2020 PCrLJ 119.

Myth: The Justice of the Peace can pass remarks against any officer on the application alone.
Fact: Not without an inquiry and a chance to explain. He is not a Magistrate taking cognizance on his own knowledge.

Order ignored?

Lahore High Court, 2021 PCrLJ 1779.

Enforce itThe Justice of the Peace may direct senior police officers to implement his order.
The SHONon-compliance can be proceeded against under the Police Order 2002.

Build the petition.

Three things on the record.

The offenceFacts that show a cognizable offence on their face.
The refusalProof the police were approached and failed.
The prayerA direction under s.22-A(6), head (i), (ii) or (iii).

Draft it with FAI.

Ask FAI in your own words. It answers with the exact section and the leading judgments.

Can a Justice of Peace refuse an FIR because of a civil dispute? Cases.
Draft a petition under section 22-A(6) CrPC for registration of an FIR.

Example questions

What this does not mean

The Justice of the Peace does not hold a mini trial or inquire into the truth of the allegations. The question is whether a cognizable offence is disclosed.
The power under s.22-A(6) CrPC is limited to three heads: non-registration of a criminal case, transfer of investigation, and neglect, failure or excess by the police.
Where no cognizable offence is made out, an FIR should not be directed. The route is a daily diary entry under s.155 or a private complaint under s.200 (2022 YLR 2215).

Questions people ask

What is section 22-A CrPC in Pakistan?

Section 22-A(6) CrPC lets an ex-officio Justice of the Peace issue directions to the police on a complaint about non-registration of a criminal case, transfer of investigation, or police neglect, failure or excess. The Supreme Court calls the function quasi-judicial (PLD 2016 SC 581).

Can a Justice of Peace refuse an FIR because of a civil dispute?

Pending litigation is no bar. The SHO must record the statement if a cognizable offence is made out (2019 YLR 1104, Sindh). But where the report of the SHO showed a lawful eviction, the refusal stood (2020 YLR 1341, Peshawar).

What happens if the offence is not cognizable?

The SHO enters it in the daily diary and proceeds under s.155 with the permission of the Magistrate, or the complainant files a private complaint under s.200. An FIR directed where no cognizable offence was made out was quashed (2022 YLR 2215).

What if the police do not follow the order of the Justice of Peace?

The Justice of the Peace may direct senior police officers to implement his order, and non-compliance by the SHO can be proceeded against under the Police Order 2002 (2021 PCrLJ 1779).

What should a 22-A petition contain?

Facts that show a cognizable offence on their face, proof the police were approached and failed, and a prayer for a direction under s.22-A(6), head (i), (ii) or (iii).

Sources

Code of Criminal Procedure, 1898 · Section 22-A(6)
Powers of Justices of the Peace Pakistan Code

Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.