Case Details

Citation(s)
2013 SLG 2968 2013 SLD 2968 2013 PLD 26
Islamabad High Court
Writ Petition No. 1451-Q of 2012, decided on 5th July, 2012.
NOOR UL HAQ N. QURESHI, JUSTICE
Sher Afzal Khan for Petitioner.

MAKHDOOMZADA SYED MUSHTAQ HUSSAIN SHAH

VS

ADDITIONAL SESSIONS JUDGE, ISLAMABAD AND 6 others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.----Ss. 22, 22-A & 25---.---Ex-officio Justice of Peace---.---Exercise of power in Islamabad Capital Territory---.---Scope---.---Plea that by virtue of S.22, Cr.P.C Justice of Peace was to be notified by the Provincial Government and since Islamabad Capital Territory had not been declared as a Province, therefore, there was no Provincial Government there, hence powers exercised by Ex-officio Justice of Peace without notification was illegal---.---Validity---.---Section 25, Cr.P.C. provided that Sessions Judge by virtue of his office was a Justice of Peace within the whole District of the Province in which he was serving---.---Sessions Judge could also nominate an Additional Sessions Judge as Justice of Peace, who on nomination would be a Justice of Peace in the same manner as a Sessions Judge---.---Exclusion of Islamabad Capital Territory as a Province did not mean that Sessions Judge or Additional Sessions Judges could not exercise powers as Justices of Peace by virtue of their respective offices---.---Plea was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)---.--- ---.----Ss. 22-A & 154---.---Federal Investigation Agency Rules, 2002, R. 5---.---Power of Justice of Peace to issue directions to Federal Investigation Agency (FIA) for registration of F.I.R.---.---Scope---.---Federal Investigation Agency (FIA), status of---.---Scope---.---Status of Federal Investigation Agency (FIA) was that of a police station, in charge whereof was an officer in charge of a police station---.---Ex-officio Justice of Peace could issue directions to Federal Investigation Agency for registration of F.I.R. while exercising powers under S.22-A, Cr.P.C. 2010 MLD 1346 rel. THIS ORDER PASSED BY: NOOR UL HAQ N. QURESHI, JUSTICE:---.---- The petitioner through the instant writ petition, seeks quashment of F.I.R. bearing crime No.06, dated 11-3-2011, registered under sections 409, 420, 468, 471/109, P.P.C. read with sections 5(2), 47 PCA, Police Station FIA Crime Circle, Islamabad. 2. The petitioner has been cited as accused in the above referred F.I.R., which was registered on an application moved by respondent No.2…
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