22-A CrPC Petition Draft in Pakistan: Format, Required Documents, and Common Mistakes

If police are refusing to register your FIR, a weak 22-A petition can waste valuable time. This guide explains how to draft a strong Section 22-A CrPC petition in Pakistan, what documents to attach, what relief to seek, and what mistakes usually cause failure. The aim is simple: help the reader prepare a practical, focused, and legally sensible petition.

What is a 22-A CrPC Petition?

A 22-A petition is an application moved before the Ex-officio Justice of Peace when a police authority has failed, neglected, or refused to perform a legal duty. In FIR-related matters, it is commonly used where the complainant says that the information disclosed a cognizable offence but the police did not register the case.

The practical purpose of this petition is not to conduct a full trial. At this stage, the central question is whether the complaint, on its face, shows a cognizable offence and whether lawful directions are required. That is why good drafting matters. A focused petition helps; an emotional and confusing petition usually hurts.

When Should You File a 22-A Petition?

A 22-A petition is usually considered where:

• the complainant has reported facts showing a cognizable offence;
• the matter was taken to the concerned police station;
• the police failed, delayed, neglected, or refused to register the FIR or proceed according to law; and
• the complainant seeks appropriate directions from the Ex-officio Justice of Peace.

However, this remedy should be used with care. If the matter is predominantly civil, contractual, family-based, or otherwise doubtful on the criminal side, careless use of 22-A may weaken the complainant’s position. A petition should not be used merely as a pressure tactic.

What to Gather Before Drafting

Before writing the petition, collect the basic material in chronological order. Many weak petitions fail not because the grievance is false, but because the file is disorderly and the facts are poorly presented.

• copy of the written complaint/application submitted to the SHO;
• copy of any application filed before SDPO, DSP, DPO, CPO, or other higher authority;
• petitioner’s CNIC copy;
• medical documents, MLC, or treatment record, if injuries are alleged;
• relevant screenshots, photographs, audio/video material, or documents;
• receiving, diary number, complaint number, or acknowledgment, if available;
• names of proposed accused and witnesses, if known.

Essential Ingredients of a Strong Petition

1. Proper court title and jurisdiction

Mention the court of the learned Sessions Judge / Additional Sessions Judge / Ex-officio Justice of Peace having territorial jurisdiction over the concerned police station.

2. Correct description of parties

Give the full particulars of the petitioner. The respondents usually include the SHO and, where required, other concerned police officers. Proposed accused may also be named where appropriate.

3. Short and clear facts

State the occurrence in a brief, chronological, and readable form. Mention the date, time, place, role of each accused if known, nature of injury or loss, and names of witnesses if available. Avoid writing the petition like a storybook or a long social media rant.

4. Prior approach to police

This is one of the most important parts of the petition. Clearly state:

• when the matter was reported to the police station;
• whether the complaint was oral or written;
• whether any receiving or diary number was obtained;
• whether higher police authorities were approached; and
• how the police failed, delayed, or refused to act.

5. Legal basis

Briefly state that the complaint disclosed a cognizable offence, that the complainant had already approached the police, and that intervention is being sought because the concerned authority failed to perform its duty according to law.

6. A clean prayer clause

The prayer should be precise and lawful. Normally, the petitioner asks the court to direct the concerned police authority to proceed strictly in accordance with law and to register the FIR if the information discloses a cognizable offence.

Documents to Attach with a 22-A Petition

Although local practice may vary slightly, the following documents are commonly attached:

• copy of application moved before SHO;
• copy of application moved before higher police officers, if any;
• CNIC copy of the petitioner;
• MLC or medical certificate, if relevant;
• documents relating to threats, possession, injury, communication, transaction, or damage, depending on the case;
• photographs, screenshots, video, audio, or printouts, where relevant;
• affidavit, if required by local court practice;
• list of annexures/documents.

Attach only relevant material. A focused file is often stronger than a thick file containing unnecessary papers.

How to Prepare and File It Step by Step

Sample 22-A Petition Draft

Important Judicial Principles

In practical terms, a 22-A petition succeeds more often when it respects three basic principles:

• the court mainly examines whether the complaint discloses a cognizable offence;
• the Ex-officio Justice of Peace is not supposed to act mechanically or blindly;
• the court is not expected to conduct a full trial before registration.

These principles matter because they explain why some petitions fail. If the allegations are vague, contradictory, legally barred, or mainly civil in nature, the court may refuse relief. That is why a smart petition is narrow, factual, and well-supported.

Common Mistakes That Weaken 22-A Petitions

1. Writing a very long emotional story

A petition is not a novel. Long narratives often bury the real legal point.

2. Not proving the prior approach to police

If the complainant already went to the police, the dates and copies should be clearly stated and attached.

3. Failing to show a cognizable offence

This is the heart of the matter. If the ingredients of the offence are not shown clearly, the petition becomes weak.

4. Giving criminal colour to a civil dispute

Property, money, or family disputes often fail under 22-A where the criminal element is not properly made out.

5. Contradictory facts

If the story changes from one application to another, the court may lose confidence in the complaint.

6. Filing repetitive petitions

Repeated petitions on substantially the same allegations may create maintainability issues and can be seen as misuse of process.

7. Asking for the wrong relief

Do not ask the court to convict the accused, recover property, or decide the entire dispute in a 22-A petition. Keep the prayer lawful and limited.

Practical Drafting Tips

• keep the facts short and chronological;
• use exact dates wherever possible;
• attach only relevant annexures;
• avoid insults, abuse, and emotional overstatement;
• do not conceal prior litigation or prior complaints;
• make the prayer specific and lawful;
• where helpful, attach a one-page chronology.

If the reader is unsure whether the matter is criminal or civil, that issue should be examined carefully before filing. A badly framed criminal petition may create avoidable complications later.

FAQs

Final Word

A good 22-A petition is not the longest one. It is the clearest one. The reader should remember one core point: show the occurrence, show the police inaction, show the cognizable offence, and ask for lawful directions. If those four parts are properly drafted, the petition becomes far more useful and credible.