Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------Ss. 22-A & 154---Information disclosed to Justice of Peace constituting a cognizable offence---Duty of Justice of Peace in such circumstances to give directions for registration for F.I.R.---Scope---Cognizable offence committed during pendency of a civil dispute---Complainant alleged that he had purchased a property from the accused and had paid the entire sale consideration but despite such fact accused refused to hand over the property---Accused while armed with weapons visited Otaq of complainant and threatened to kill him if he continued with his demand of the said property---Station House Officer (SHO) refused to register F.I.R. for the incident because of which complainant approached the Justice of Peace, who on basis of police report refused to give directions for registration of F.I.R. and observed that dispute was a civil dispute which had arisen out of an agreement to sell, therefore, same should be taken to the civil court---Validity---Application of complainant before Justice of Peace was dismissed on basis of police report and not on the basis of the incident narrated and specific allegations made by the complainant---Contents of the application made by the complainant were not considered by the Justice of Peace in order to determine whether any cognizable offence had been made out or not---Justice of Peace was duty bound to determine the question of existence or non-existence of cognizable offence without going into the veracity of the information in question---Complainant did not conceal the existence of a civil dispute in his application before the Justice of Peace and only raised the specific allegation that accused forcibly entered into his Otaq with weapons and threatened to murder him---Despite such serious allegations, Justice of Peace did not deal with the basic questions whether information disclosed by the complainant did or did not constitute a cognizable offence, and whether the Station House Officer (SHO) refused to register the complaint---Impugned order of Justice of Peace was not a speaking order as no valid reason had been mentioned therein to show that prayer made by complainant…

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