Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, (V of 1898), Ss. 22-A, 22-B, 154 & 182--Constitutional petition--Registration of criminal case--No discretionary power to SHO--Commission of cognizable offence--Validity--Pre-investigation by police is not permissible under Section 154 Cr.P.C, Ex-officio Justice of Peace, is not required to rely upon findings of police and is required to apply his own mind while deciding application--Whenever an application is moved before him for registration of case--Ex-officio justice of peace has to see either from contents of application, a cognizable offence is made out or not--Ex-officio justice of peace is obliged to refer matter to police station and if cognizable offence is surfaced, may pass direction to SHO to proceed in accordance with Section 154, Cr.P.C. and in case of non-cognizable offence, to issue direction to SHO to proceed in accordance with Section 155, Cr.P.C.-SHO is bound to record statement of petitioner when such direction is issued to him and after lodging F.I.R, allegation leveled in F.I.R is subsequently found false, he may proceed for cancellation of F.I.R and initiate proceedings against informant under Section 182, P.P.C. SHO is directed to register case of petitioner and proceed further in accordance with law. THIS ORDER PASSED BY: SIKANDAR ZULQARNAIN SALEEM, JUSTICE---.--- Through this Constitutional Petition, the petitioner in person has challenged the order of the learned Ex-Officio Justice of Peace/Addl. Sessions Judge, Multan dated 28.08.2014. The petitioner contends that on a television program broadcasted on a private channel a statement given by former Law Minister Rana Sanaullah, Member Punjab Assembly was aired that when the P.T.I's "Azadi March" reached Gujranwala on 15.08.2014, P.M.L (N)'s members attacked the March in which many people injured and consequently criminal case was registered and arrest were made of the culprits and in this situation the following statement of Rana Sanaullah, has added the fuel to fire:-- عمران خان Ù†Û’ لوگوں Ú©Û’ ساتھ زیادتی کی۔ لوگوں Ú©Ùˆ چاہیے کہ انہیں جوتے ماریں۔ آج…

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