Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 154 & 157---Penal Code (XLV of 1860), Ss.379 & 453---Theft, lurking house-trespass and house-breaking---Registration of case---Powers of Justice of Peace---Application filed under S.22-A, Cr.P.C. for registration of criminal case, was disposed of by Justice of Peace in terms that S.H.O. was directed to conduct inquiry under S.157(2), Cr.P.C., and that if a cognizable offence was made out, F.I.R. be registered as per law---Petitioner had filed revision petition against such orders of Justice of Peace contending that it was obligatory on Justice of Peace to issue direction to S.H.O. concerned for lodging of F.I.R., but instead he directed for conducting of inquiry under S.157(2), Cr.P.C. which was absolutely contrary to law--Validity-Held, there was no concept of making inquiry before registration of F.I.R.---Justice of Peace, while exercising the powers under S.22-A, Cr.P.C., had completely failed to understand the nature of the powers conferred on him under S.22-A, Cr.P.C.-Initial requirement which was to be seen by an Officer Incharge of Police Station, was whether commission of cognizable offence was made out on basis of the information received by him while the second step would be to reduce the same into writing, whereafter, investigation was to be carried out and report submitted to the concerned court---By directing S.H.O. to conduct inquiry under S.157(2), Cr.P.C. before registration of the case, Justice of Peace had failed to exercise the powers vested in him---Impugned order being in complete negation of law, could not remain in field---Impugned order was set aside and S.H.O. was directed to register F.I.R. and proceed with the case, strictly in accordance with law. Muhammad Bashir v. Station House Officer PLD 2007 SC 529 ref. ORDER MRS. SYEDA TAHIRA SAFDAR, J.---Being aggrieved of order dated 14-10-2010, of Sessions Judge, Quetta, whereby the application, filed by the petitioner, under section 22-A, Cr.P.C, was disposed of in terms, that S.H.O. Police Station Sariab, Quetta, was directed to conduct inquiry under section 157(2), Cr.P.C, and if a cognizable offence is made out, F.I.R. be…

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