Law: Criminal Procedure Code (V of 1898)

Section: 22A,177,561A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 177 & 561-A---Dismissal of complaint by Justice of Peace---Application for setting aside of such dismissal order---Territorial jurisdiction of Justice of Peace---Complaint filed by applicant/complainant, was dismissed by the Justice of Peace on the ground that Police Station concerned being not in his jurisdiction, complainant should file application under S.22-A, Cr.P.C. before the court having jurisdiction---Legal and territorial jurisdiction was to be determined with reference to the place of offence and not with reference to the location of the Police Station or office of the Investigating Officer---Section 177, Cr.P.C. provides that every offence would normally be inquired and tried by the court within local limits of whose jurisdiction it was committed; it was, in circumstances, not the Police Station, but it was the place of offence which would determine the jurisdiction of court to try the offence---In the present case place of alleged offence was the house of accused which fell within the jurisdiction of Justice of Peace---Justice of Peace, in circumstances, was fully competent to take cognizance and to proceed further in accordance with law and dispose of the matter on merits. (b) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Powers of the Justice of Peace---Scope---Powers of the Justice of Peace were very limited which had been given to add, assist and authorize criminal jurisdiction system and said powers were neither supervisory nor judicial, but. were administrative and ministerial in nature---No notice was necessary for forming of an opinion, as Justice of Peace was senior judicial officer, had to form an opinion about the offence being cognizable or not cognizable from the facts narrated to him by complainant orally or in writing; and for such purpose, he was not required to issue notice to accused or to police officer, but had to form his own independent opinion; as S.H.O. of police station was not empowered to refuse the registration of the F.I.R., if information was provided to him of a cognizable case--- Justice of Peace was required to pass immediate orders on the…

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