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Police Refused to Register FIR? Step-by-Step Legal Remedy (2026 Guide)

Police Refused to Register FIR? Complete Legal Remedy & 22-A Petition Draft (2026 Guide)

It is a nightmare scenario: you have been robbed or cheated, you rush to the police station, but the Station House Officer (SHO) refuses to register your FIR. They might say "This is a civil matter" or "Let us investigate first."

If you are in this situation, do not panic. The law in Pakistan provides a powerful remedy under Section 22-A of the Cr.P.C. This guide explains exactly how to get your case registered using the latest 2025 Supreme Court judgments.

Police Refused to Register FIR - Legal Remedy Section 22-A CrPC

1. The "Mandatory Duty": Cognizable vs. Non-Cognizable Offense

Before you fight for an FIR, you must understand the distinction laid down by the Supreme Court of Pakistan in the recent case of Seeta Ram vs. The State (2025 SCMR 2028).

The Supreme Court (2025 SCMR 2028) Held:
The word "Shall" in Sections 154, 155, and 156 Cr.P.C. creates a mandatory obligation on the SHO.
  • Cognizable Offense: Serious crimes (Robbery, Murder, Rape, 489-F). Police must register FIR immediately.
  • Non-Cognizable Offense: Minor crimes. Police must enter it in the Daily Diary (Roznamcha) but cannot investigate without a Magistrate's order.

2. Can Police Conduct an Inquiry Before FIR?

The most common excuse police use is: "We need to verify if the incident is true." This is Illegal.

The Lahore High Court shattered this practice in the landmark judgment of Arsalan Raza vs. Justice of Peace (2024 PCrLJ 351).

"The SHO cannot embark upon an inquiry to examine the reliability or credibility of information before registration of the case. Police Rule 24.4 applies after the FIR is registered, not before."

3. The Administrative Remedy (Mandatory Step)

Even though the law is on your side, do not run straight to the Sessions Court. You must first prove you tried to seek help from the police hierarchy.

You have two options to prove this:

  1. Physical Submission (Recommended): Write a formal application to the DPO or SP Complaints. Go to their office, submit the original application, and keep a photocopy with yourself. Make sure to get a "Receiving" (Diary Number/Stamp) on your photocopy.

    2. OR

  2. Courier Method: Send the application via TCS, Leopard, or Pakistan Post. Keep the courier receipt safe.

Why is this important?
If the police refuse to act, make excuses, or ignore your application after 2-3 days, that photocopy (with receiving) or the courier receipt becomes your key evidence. It will be attached to your 22-A Petition as proof that you made early efforts to recourse to the law enforcement agencies.

4. Filing the 22-A Petition (Justice of Peace)

If the SP/DPO fails to act, you can file a petition under Section 22-A & 22-B Cr.P.C. before the Sessions Judge (Ex-Officio Justice of Peace).

What will the Judge do?
The Judge will not hold a trial. They will simply look at your application. If it discloses a cognizable offense, they will order the SHO to register the FIR under Section 154 Cr.P.C.

SAMPLE DRAFT: 22-A PETITION FOR FIR

BEFORE THE COURT OF SESSIONS JUDGE / EX-OFFICIO JUSTICE OF PEACE, [CITY NAME]

[Your Name] son of [Father's Name],
Resident of [Your Address].
...PETITIONER

VERSUS

  1. The District Police Officer (DPO), [City Name].
  2. The Station House Officer (SHO), Police Station [Station Name].

PETITION UNDER SECTION 22-A & 22-B Cr.P.C.

Respectfully Sheweth:

1. That the Petitioner is a law-abiding citizen. On [Date], the accused persons namely [Names] committed a cognizable offense by [Briefly describe crime].

2. That the Petitioner approached Respondent No. 2 (SHO) but he refused to register the FIR, violating mandatory duty under Section 154 Cr.P.C. and the ruling of Seeta Ram vs State (2025 SCMR 2028).

3. That the Petitioner also availed the administrative remedy. The Petitioner submitted an application to the DPO (Respondent No. 1) on [Date] vide Diary Number/Courier Receipt No. [Number] (Copy attached). However, the Respondents have refused to act or have ignored the application.

PRAYER: It is prayed that a direction be issued to Respondent No. 2 to register the FIR immediately.

Petitioner
[Signature]

Frequently Asked Questions (FAQ)

Q: What if the police conduct an inquiry and say my case is false?
According to Arsalan Raza vs Justice of Peace (2024), police cannot conduct a credibility inquiry before registering the FIR. They must register it first, then investigate.

Q: Can I file a 22-A petition directly?
No. You must first submit an application to the SP/DPO. You must attach either the courier receipt or the stamped photocopy of your application to your petition, otherwise the court will dismiss it.

Q: What if the SHO disobeys the Court order?
This amounts to Contempt of Court. You can file a contempt petition before the Sessions Judge.


Disclaimer: This article explains the legal procedure as of 2026. Consult a qualified advocate for your specific case.

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The author is a law graduate with over seven years of legal experience. Through The Law Studies, the author writes on diverse legal topics, combining practical knowledge with comparative insights from Pakistan, the UK, the US, and other common law jurisdictions.