# Your motorbike was stolen, and the police won't register the FIR. What now? > Theft of a motorcycle is a cognizable offence. Section 154 of the Code of Criminal Procedure requires the police to write the information down, and in 2024 the Supreme Court said no law lets the SHO first enquire whether it is true. If he still refuses, go to senior police and then to the Sessions Judge as Justice of the Peace. - Topic: Criminal law - Court: Supreme Court of Pakistan - Citation: 2024 SCMR 1123 - Watch: https://failegal.site/media/motorbike-stolen-police-refuse-fir-no-enquiry-2024-scmr-1123 (video https://failegal.site/media/motorbike-stolen-police-refuse-fir-no-enquiry-2024-scmr-1123/reel.mp4, 0:44) - Published by FAI Legal on 2026-10-10 Your motorbike was taken from outside your house last night. At the police station you are told to come back later, or that they will look into it first, and no FIR is written. This matters to anyone whose vehicle has been stolen, and to anyone the police have turned away. On FAI Legal you can ask this question by voice note instead of typing it; this article sets out the law behind the answer. ## Key points - Section 381-A of the Pakistan Penal Code: theft of a car or any other motor vehicle, including a motor-cycle, is punishable with imprisonment of up to seven years and a fine not exceeding the value of the vehicle. - Section 154 of the Code of Criminal Procedure: information relating to the commission of a cognizable offence given to the officer in charge of a police station shall be reduced to writing. - The Supreme Court in 2024 SCMR 1123: there is no provision in any law that authorizes the SHO to hold an enquiry into whether the information is true or false before complying with section 154. - Still refused? A written application to the SHO, then the DPO or RPO, then an application under section 22-A(6) to the Sessions Judge as ex-officio Justice of the Peace (PLD 2016 SC 581). ## The rule in one line Motorbike theft is a cognizable offence, so the SHO must write down your report. He cannot first hold an enquiry into whether you are telling the truth. If he refuses, there is a ladder of remedies that ends with the Sessions Judge. ## What to do, step by step Report the theft at the police station and give a written application. Keep a copy, and keep the bike's registration papers with you. If the SHO refuses, complain in writing to the senior police, such as the DPO or RPO. If there is still no FIR, apply under section 22-A(6) of the Code of Criminal Procedure to the Sessions Judge, who is an ex-officio Justice of the Peace (section 25). In PLD 2016 SC 581 the Supreme Court said the Justice of the Peace should first see that you went to the SHO and then to the higher police officers. ## What the Supreme Court said in 2024 In Syed Qamber Ali Shah v. Province of Sindh, a bench of Justice Muhammad Ali Mazhar and Justice Irfan Saadat Khan dealt with a complainant whom the police would not help, and who went to the Justice of the Peace. The Justice of the Peace directed the SHO to record his statement and register the FIR if a cognizable offence was made out. The High Court set that aside, telling him to file a private complaint instead (paragraph 2). The Supreme Court held that the officer in charge of a police station must first see whether the information discloses a cognizable offence. There is no provision in any law that lets him hold an enquiry into its truth before recording it; he is obliged to reduce it into writing whether the information is true or otherwise (paragraph 7). It added that a direct complaint cannot match the mechanism of section 154, under which the officer is duty bound to record the statement and register the FIR if a cognizable offence is made out (paragraph 7). The Justice of the Peace does not decide the case on merits. His job is to see whether the application makes out a cognizable case and, if so, to direct that the statement be recorded under section 154 (paragraph 6). On 2 April 2024 the petition was converted into an appeal and allowed, and the SHO was directed to implement the Justice of the Peace's order (paragraph 12). ## The case at a glance - **Facts:** A complainant said his brother had been abducted and that the SHO was involved. He went to senior police and then to the Justice of the Peace, who directed the SHO to record his statement and register an FIR if a cognizable offence was made out. The Sindh High Court set the order aside and told him to file a private complaint. - **The question:** Whether the police may enquire into the truth of information before registering an FIR, and what the Justice of the Peace's role is under section 22-A. - **What the Court held:** No law authorizes such an enquiry before compliance with section 154. The Justice of the Peace's order was restored and the SHO directed to implement it. - **Why:** Section 154 requires the officer to reduce information of a cognizable offence to writing whether it is true or otherwise. A private complaint is not an equal substitute. The Justice of the Peace does not investigate; he checks whether a cognizable case is made out and directs recording under section 154. - **Limits:** The duty is for cognizable offences; non-cognizable offences follow section 155. False reports carry their own consequences, and the Justice of the Peace in the earlier order warned that action could be taken under section 182 if the FIR proved false. ## In the Court’s words > "There is no provision in any law, including Section 154 or 155 of the Cr.P.C., which authorizes an Officer Incharge of a Police Station to hold any enquiry to assess the correctness or falsity of the information before complying with the command of the said provisions." (2024 SCMR 1123, para 7) > "He is obligated to reduce the same into writing, notwithstanding the fact whether such information is true or otherwise." (2024 SCMR 1123, para 7) > "The ex-officio Justice of the Peace, before issuance of a direction on a complaint for the non-registration of a criminal case under subsection (6)(i) of section 22-A, Code of Criminal Procedure must satisfy himself that sufficient material is available on the record, such as application to the concerned SHO for registration of the criminal case and on his refusal or reluctance, complaint to the higher police officers i.e. DPO, RPO etc." (2024 SCMR 1123, para PLD 2016 SC 581) ## The law it relies on - **Pakistan Penal Code, 1860, s.381-A:** "Whoever commits theft of a car or any other motor vehicle, including motor-cycle, scooter and Tractor shall be punished with imprisonment of either description for a term which may extend to seven years and with fine not exceeding the value of the stolen car or motor vehicle." - **Code of Criminal Procedure, 1898, s.154:** "Every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police-station, shall be reduced to writing by him or under his direction, and be read over to the informant". - **Code of Criminal Procedure, 1898, s.22-A(6):** "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". - **Code of Criminal Procedure, 1898, s.25:** Sessions Judges "are Justices of the Peace within and for the whole of the territories administered by the Provincial Government under which they are serving". ## What this does not mean - It does not mean you can skip the steps. The Supreme Court in PLD 2016 SC 581 expects an application to the SHO and a complaint to senior police before the Justice of the Peace. - It does not mean every complaint must become an FIR. Section 154 is about information of a cognizable offence; non-cognizable offences follow a different route. - It does not mean a voice note to FAI Legal is a police report. FAI Legal is an AI research aid that explains the law; the report must still be made to the police. ## Questions people ask ### Is motorbike theft serious enough for an FIR? Yes. Theft of a motor vehicle, including a motor-cycle, is punishable under section 381-A of the Pakistan Penal Code with imprisonment of up to seven years and a fine, and it is a cognizable offence, so section 154 of the Code of Criminal Procedure applies. ### The police say they will enquire first. Can they? The Supreme Court in 2024 SCMR 1123 said there is no provision in any law that lets the SHO hold an enquiry into whether the information is true before complying with section 154. ### What should I keep with me? The bike's registration papers and a copy of the written application you gave at the police station. If you go to senior police or the Justice of the Peace, these show what you reported and when. ## Sources - Syed Qamber Ali Shah v. Province of Sindh, 2024 SCMR 1123, Supreme Court of Pakistan, 2 April 2024, paras 2, 6, 7, 12. No law lets the SHO enquire into the truth of information before complying with s.154; the Justice of the Peace checks only whether a cognizable case is made out; appeal allowed. (verified against full text) (official text: https://www.supremecourt.gov.pk/downloads_judgements/crl.p._99_k_2018.pdf) - Younas Abbas v. Additional Sessions Judge, Chakwal, PLD 2016 SC 581, Supreme Court of Pakistan. Before directing registration under s.22-A(6)(i), the Justice of the Peace must see that the applicant went to the SHO and then to the higher police officers. (verified against full text) (official text: https://www.supremecourt.gov.pk/downloads_judgements/C.A._1491_2013.pdf) - Code of Criminal Procedure, 1898, ss.154, 22-A, 25 (text checked in FAI Statute Search) (official text: https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5lp-sg-jjjjjjjjjjjjj) - Pakistan Penal Code, 1860, s.381-A (text checked in FAI Statute Search) (official text: https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5lo-sg-jjjjjjjjjjjjj) ## What the reel says Motorbike stolen, and the police won't register the FIR? Too upset to type it all out? Just send a voice note. Motorbike theft is a cognizable offence (PPC s.381-A, up to 7 years). CrPC s.154: the police must write it down. The Supreme Court: no law lets them enquire whether it's true before registering (2024 SCMR 1123). Still refused? A written application to the SHO first, then the DPO or RPO. Then s.22-A: the Sessions Judge, as Justice of the Peace, can direct the police (PLD 2016 SC 581). Keep with you: the bike's registration papers and a copy of what you gave the police station. Say your question. FAI Legal answers with the law. --- Educational legal information, not legal advice. FAI Legal is an AI research aid. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Reading this page does not create a lawyer and client relationship. Review status: Pending advocate review. English: https://failegal.site/media/motorbike-stolen-police-refuse-fir-no-enquiry-2024-scmr-1123 · Urdu: https://failegal.site/media/ur/motorbike-stolen-police-refuse-fir-no-enquiry-2024-scmr-1123 FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.