Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Penal Code (XLV of 1860), Ss. 302 & 34---Application for registration of case against petitioner for the murder of daughter of respondent was accepted by Ex-Officio Justice of Peace---Contentions of petitioner was that no evidence was available on record, which could connect him with the commission of alleged offence; that deceased lady herself had taken poison and committed suicide, and that impugned order was liable to be set aside---Validity---Record transpired that SHO concerned submitted report before the Justice of Peace, which showed that the deceased committed suicide---Police Officer on receipt of intimation in respect of suicide should have intimated the matter to the Magistrate empowered to hold inquiry as required by S.174, Cr.P.C. and thereafter proceeded to the spot and investigate the matter in the presence of two or more respectable persons from the place and draw a report of apparent cause of death describing full details, mode and manner of commission of crime and weapon used---Police Officer, in case of doubt was to refer the dead body for examination by the Civil Surgeon---Inquiry report showed that said requirements of S. 174, Cr.P.C. were not fulfilled which were mandatory as per law---Circumstances established that Justice of Peace had passed a well reasoned order, keeping in view the facts and circumstances of the case, thus no interference was required by the High Court---Constitutional petition was dismissed accordingly. Muhammad Bashir v. Station House Officer, Okara Cantt: and others PLD 2007 SC 539 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- Through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the legality and propriety of the order dated 29.11.2016, passed by the Additional Sessions Judge-I, Quetta in his capacity as of Justice of the Peace "JoP", whereby it was directed to register a criminal case against the petitioner. 2. According to the facts, as narrated in the application filed by respondent No. 1 under Section 22-A of the Cr.P.C. were…

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