06/11/2025
VVVVI. MUST READ JUDGEMENT
ایف آئی آر بذریعہ مختار درج کرائی جاسکتی ہے اور مختار کو دیگر فوجداری کارروائی کرنیکا بھی قانونی اختیار حاصل ہے
Registration of FIR or initiation of criminal proceedings through attorney are permissible under the law.
An attorney of a person can lodge an FIR with the police and can also initiate criminal proceedings before a Court for the interest of his Principal. If the proceedings before the court were initiated by the principal, and he becomes unavailable or incapacitated, the attorney can also continue it on his behalf with the permission of the Court. Court should also encourage such practice keeping in view the hardships involved in the case to reduce delays in(naeem) the criminal process which would restore the confidence of public on the courts of law for acquisition or regulation of their rights. There is no doubt that Court shall decide the matter on production of relevant evidence only that can also be recorded by using modern techniques like through online applications. Misuse of process by attorney, through registration of false FIR or filing of private complaint, can well be met through sound remedial measures including action pursuant to sections 181, 182, 211, 213 and 250 of the Pakistan Penal Code(naeem) 1860. Thus, contention of learned counsel for the petitioners that FIR cannot be registered through attorney is nothing but farce.
Crl. Misc.53550/25
Mirza Yahya Baig Vs The State etc.
Mr. Justice Muhammad Amjad Rafiq
2025 LHC 5989
