Mere nomination of the person in F.I.R. does
not require the arrest of the accuse
However, it may be clarified that merely registration of a
case does not necessary make the nominated person in the F.I.R. guilty. The
S.H.O. and Investigating Officer are required to treat the nominated persons in
the F.I.R. strictly in accordance with law. Guidance in this regard is provided
in the Cr.P.C., Police Rules, 1934 and Police Order, 2002. As elaborated
lucidly in the above referred judgments of the Honourable Supreme, Court and this Court, registration of case does not
require arrest or immediate arrest straightaway in every case unless the
Investigating Officer is satisfied that the same is required in the interest of
justice and on the basis of material collected by him
against the named person in the F.I.R. Faiz Ahmad v. Additional Sessions Judge/
Justice of Peace, Sargodha and 3 tohers (2007 P Cr. L J 1935 Lahore) by Rizvi,
J. Syed Shabbar Raza
Accused cannot be arrested
unless tangible material becomes available
Indeed, we are conscious of the fact that upon the
conferment of powers under section 22A(6), applications for quashment of F.I.Rs. have been multiplying and parties
expect a Court to adjudicate upon the truth or otherwise of the allegations
even without investigation process having been completed. Apparently, it
happens on account of the apprehension of arrest that they face upon
registration of F.I.Rs. containing allegations, which may be false. We need to
reiterate that truth or falsehood of the allegations could only be determined
during or after investigation. However, it needs to be made clear that though
the police is required to investigate every allegation of commission of a
cognizable offence a person named as an accused cannot be arrested unless some
tangible material becomes available, which can cause a reasonable suspicion of
his having committed the offence as laid down by the Honourable Supreme Court
in Government of Sindh v. Raeesa Farooq 1994 SCMR 1283. Such protection is
sufficient for any innocent person against whom a false F.I.R. is registered. Dr.
Inayatullah Khilji and 9 others v. 1st Addtionla District and
Sessions Judge (East) at Karachi and 2 others (2007 P Cr. L J 909 Karachi) by
Ahmad, C.J. Sabihuddin and Arab, J. Faisal
Arrest only after
collection of tangible evidence
It is made clear that investigation of the case does not
mean that after registration of FIR, the accused must be arrested.
Investigation means collection of evidence helping to form an opinion by the
Investigating Officer for submission of final report under section 173, Cr.P.C.
before the court of competent jurisdiction. Therefore, I.O. is not supposed to
arrest the accused in any of circumstances after lodging FIR. He is further
required to follow the procedure laid down in the Police Rules and may affect arrest
after collecting tangible evidence against the accused persons. Umer Hayat v.
Inspector General of Police, Islamabad (2015 P Cr. L J 1551) by Qureshi, J.
Noor-ul-Haq
No arrest unless there is sufficient
incriminating material
Before parting with this order, it is observed that
registration of criminal case does not mean that respondents Nos.3 to 6 be
arrested forthwith rather the investigation of the case would be conducted in
an impartial and transparent manner and if the Investigating Officer comes to
the conclusion that sufficient incriminating material is
available, he shall proceed against them strictly in accordance with law
without being influenced by any observation given above. Further, if the
Investigating Officer concludes that the case was false and frivolous, he would feel no hesitation
to proceed against the complainant under section 182 P.P.C. Saeed Ahmad v.
Additional Sessions Judge and others (2013 Y L R 325 Lahore) by Khan, J.
Shujaat Ali Khan
No arrest shall be effected unless a
tangible evidence is collected by the investigation agency
In case such F.I.R. is registered, then no arrest shall be
effected unless a tangible evidence is collected by the investigation agency
against the nominated accused. Moreover, the police officer concerned may also
take action against the applicant in accordance with law in case his F.I.R., if
registered, is found false during investigation. Aijaz Ali Noonari v. Station
House Officer, P.S. Hussainabad and another (2012 Y L R 360 Sindh) by Shaikh,
J. Nisar Muhammad
No bar to register a case involving
non-cognizable offence— but no arrest without order of the magistrate
In our humble view there is no bar on issuance
of directions to register a case involving non-cognizable offence, but in such
a situation, the police authorities can investigate the case only after getting
order from a Magistrate of first or second class having power to try such case
or send the same for trial to the Court of Session. Moreover, the accused
cannot be arrested without obtaining warrant of arrest, as provided under
section 155(2)(3), Cr.P.C.// Charges against the petitioner are
very serious in nature because he by his acts, omissions and commission not
only obtained gratification in the
name of a judicial officer but also tried to lower the institution of judiciary
in the eyes of General public. Muhammad Ameer Khan v. Khisro Pervez and others
(2012 P Cr. L J 981 Peshawar) by Shah, J. Syed Sajjad Hassan and
Abbasi, J. Fazal-i-Haq
Mere nomination of the person in F.I.R. does
not require the arrest of the accuse
However, it may be clarified that merely registration of a
case does not necessary make the nominated person in the F.I.R. guilty. The
S.H.O. and Investigating Officer are required to treat the nominated persons in
the F.I.R. strictly in accordance with law. Guidance in this regard is provided
in the Cr.P.C., Police Rules, 1934 and Police Order, 2002. As elaborated
lucidly in the above referred judgments of the Honourable Supreme, Court and this Court, registration of case does not
require arrest or immediate arrest straightaway in every case unless the
Investigating Officer is satisfied that the same is required in the interest of
justice and on the basis of material collected by him
against the named person in the F.I.R. Faiz Ahmad v. Additional Sessions Judge/
Justice of Peace, Sargodha and 3 tohers (2007 P Cr. L J 1935 Lahore) by Rizvi,
J. Syed Shabbar Raza
Accused cannot be arrested
unless tangible material becomes available
Indeed, we are conscious of the fact that upon the
conferment of powers under section 22A(6), applications for quashment of F.I.Rs. have been multiplying and parties
expect a Court to adjudicate upon the truth or otherwise of the allegations
even without investigation process having been completed. Apparently, it
happens on account of the apprehension of arrest that they face upon
registration of F.I.Rs. containing allegations, which may be false. We need to
reiterate that truth or falsehood of the allegations could only be determined
during or after investigation. However, it needs to be made clear that though
the police is required to investigate every allegation of commission of a
cognizable offence a person named as an accused cannot be arrested unless some
tangible material becomes available, which can cause a reasonable suspicion of
his having committed the offence as laid down by the Honourable Supreme Court
in Government of Sindh v. Raeesa Farooq 1994 SCMR 1283. Such protection is
sufficient for any innocent person against whom a false F.I.R. is registered. Dr.
Inayatullah Khilji and 9 others v. 1st Addtionla District and
Sessions Judge (East) at Karachi and 2 others (2007 P Cr. L J 909 Karachi) by
Ahmad, C.J. Sabihuddin and Arab, J. Faisal
Arrest only after
collection of tangible evidence
It is made clear that investigation of the case does not
mean that after registration of FIR, the accused must be arrested.
Investigation means collection of evidence helping to form an opinion by the
Investigating Officer for submission of final report under section 173, Cr.P.C.
before the court of competent jurisdiction. Therefore, I.O. is not supposed to
arrest the accused in any of circumstances after lodging FIR. He is further
required to follow the procedure laid down in the Police Rules and may affect arrest
after collecting tangible evidence against the accused persons. Umer Hayat v.
Inspector General of Police, Islamabad (2015 P Cr. L J 1551) by Qureshi, J.
Noor-ul-Haq
No arrest unless there is sufficient
incriminating material
Before parting with this order, it is observed that
registration of criminal case does not mean that respondents Nos.3 to 6 be
arrested forthwith rather the investigation of the case would be conducted in
an impartial and transparent manner and if the Investigating Officer comes to
the conclusion that sufficient incriminating material is
available, he shall proceed against them strictly in accordance with law
without being influenced by any observation given above. Further, if the
Investigating Officer concludes that the case was false and frivolous, he would feel no hesitation
to proceed against the complainant under section 182 P.P.C. Saeed Ahmad v.
Additional Sessions Judge and others (2013 Y L R 325 Lahore) by Khan, J.
Shujaat Ali Khan
No arrest shall be effected unless a
tangible evidence is collected by the investigation agency
In case such F.I.R. is registered, then no arrest shall be
effected unless a tangible evidence is collected by the investigation agency
against the nominated accused. Moreover, the police officer concerned may also
take action against the applicant in accordance with law in case his F.I.R., if
registered, is found false during investigation. Aijaz Ali Noonari v. Station
House Officer, P.S. Hussainabad and another (2012 Y L R 360 Sindh) by Shaikh,
J. Nisar Muhammad
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