Case Details

Citation(s)
2005 SLG 2815 2005 SLD 2815 2005 PCRLJ 357
Lahore High Court
Crl. Revision No. 171 of 2004, decided on 26th May, 2004.
M.A. SHAHID SIDDIQUI, JUSTICE
Pir Muhammad Asif Rafi for Petitioner.

PIR ABDUL QAYYUM SHAH ER

VS

S.H.O. AND 4 OTHERS --RespondentS

Law: Criminal Procedure Code (V of 1898)

Section: 22A,6,25,435,439

(a) Criminal Procedure Code (V of 1898) ¬ Ss. 22 A & 6 Justice of the peace not a Court Office of the Justice of the peace is not a Court as envisaged under S.6, Cr.P.C. (b) Criminal Procedure Code (V of 1898) ¬ Ss. 22 A, 25, 435 & 439 Revision petition Competency ¬--Additional Sessions Judge entertaining an application under S.22 A, Cr.P.C. did not act as an inferior Criminal Court within the meaning of S.435, Cr.P.C. Impugned order passed by the Additional Sessions Judge dismissing the complainant's application moved under S.22 A, Cr.P.C., was in fact an order passed by a Justice of the Peace under Ss.22 A and 25 Cr.P.C. which being an administrative or supervisory in nature was not amenable to the Revisional jurisdiction of High Court ¬Revision petition was dismissed accordingly. THIS ORDER PASSED BY: M.A. SHAHID SIDDIQUI, JUSTICE:---.--- This petition under section 439, Cr.P.C. has been directed against the order, dated 22 5 2004 passed by a earned Additional Sessions Judge, Multan in his capacity as Justice of Peace whereby he dismissed the application moved by the petitioner under section 22 A, Cr.P.C. for a direction to the S.H.O. Police Station Budhla Santt to register a case against Muhammad Nawaz and three others (respondents Nos.2 to 5). The learned Additional Sessions Judge after obtaining a report from the S.H.O. concerned declined to order for the registration of case, however, he directed the petitioner to avail alternate remedy by filing a private complaint. 2. Learned counsel for the petitioner argued that the allegations levelled in the complaint disclosed the commission of the cognizable offence and the S.H.O. was under a legal obligation under section 154, Cr.P.C. to register a case against the accused, as such, the learned Additional Sessions Judge has failed to exercise his powers by declining to pass the direction sought for. 3. I have considered the arguments Pitt forth by the learned counsel for the petitioner. 4. Part II A, B and C of Chapter II of the…
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