Law: Criminal Procedure Code (V of 1898)

Section: 22A,22-B,154,155,195

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Applicant had impugned order passed by Ex-Officio Justice of Peace, whereby his application filed under Ss.22-A & 22-B, Cr.P.C. for registration of F.I.R. against proposed accused persons, was dismissed---Impugned order was passed after calling a report from concerned Police Station, and pendency of civil litigation between the parties, was also considered for declining registration of the F.I.R.---Powers under Ss.22-A, 22-B, Cr.P.C., were given to Justice of Peace to direct the Police Officers to record the statement in the register, if a cognizable offence was made out---Said powers, were administrative, which had been given to supervise and to aid the criminal justice system and were not of judicial nature, but administrative and ministerial in nature---While exercising such powers, Justice of Peace, had to form his opinion, whether a cognizable offence had been made out or not---Justice of Peace, in the present case, had concluded that there was a civil dispute between the parties in respect of agreement of sale, which according to applicant was fabricated document and best course for the applicant was to secure ends of justice by a private complaint; however, applicant could not be impeded to seek relief under Ss.22-A, 22-B, Cr.P.C.---Impugned order passed by Justice of Peace, was set aside; case was remanded to Justice of Peace, with direction to pass appropriate order in accordance with law. Muhammad Bashir v. S.H.O. Police Station Okara Cantt. and others PLD 2007 SC 539 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 155---Entering information in cognizable cases---Statutory duty, under S.154, Cr.P.C. had been cast upon the officer incharge of Police Station to enter information regarding commission of any cognizable offence in a register, provided said information/complaint made by a person from its contents constitute a cognizable offence---If said information did not constitute cognizable offence, then such information be recorded in the station diary of Police Station under S.155, Cr.P.C. THIS ORDER PASSED BY: HASAN FEROZ, J.--- Through this Criminal…

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