# 22-A petition? Know the limits. > 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). - Topic: Criminal law - For: Advocates - A 11-slide carousel: https://failegal.site/media/22-a-petition-know-the-limits-justice-of-peace - Published by FAI Legal on 2026-10-10 ## 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)) ## Quasi- judicial. PLD 2016 SC 581, Supreme Court. - **Not ministerial** The functions are quasi-judicial, not executive, administrative or ministerial. - **Complementary** They complement the police and do not interfere with investigation. - **Hearing allowed** No 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 1104** Pending litigation is no bar; the SHO must record the statement if a cognizable offence is made out (Sindh). - **2019 PCrLJN 28** No inquiry into truth; direct registration where a cognizable offence is alleged (Islamabad). - **But** Where the SHO's report showed a lawful eviction, the refusal stood (2020 YLR 1341, Peshawar). ## Not cognizable? Balochistan High Court, 2022 YLR 2215. - **Daily diary** The SHO enters it and proceeds under s.155 with the Magistrate's permission. - **Private complaint** Or the complainant files a complaint under s.200. - **Quashed** An 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 it** The Justice of the Peace may direct senior police officers to implement his order. - **The SHO** Non-compliance can be proceeded against under the Police Order 2002. ## Build the petition. Three things on the record. - **The offence** Facts that show a cognizable offence on their face. - **The refusal** Proof the police were approached and failed. - **The prayer** A 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.** ## 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 --- 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. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.