Case Details

Citation(s)
2017 SLG 2425 2017 SLD 2425 2017 YLR 1548
Lahore High Court
Intra Court Appeal No. 1232 of 2015, decision Dated: 5-12-2016.
MUHAMMAD QASIM KHAN, JUSTICE, SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Muhammad Shoaib Khokhar for Appellant. Muhammad Hammad Khan Rai, A.A.G. along with Arshad ASI for
Respondents. Tariq Manzoor Chaudhary for
Respondent No. 4.

MALIK SOHAIL ASLAM

VS

SUPERINTENDENT OF POLICE (OPERATION), LAHORE AND 3 OTHERS

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 22-A(6)---Ex-officio Justice of Peace---Role and function of---Issuing appropriate directions to police authorities concerning complaint regarding non-registration of criminal case---Section 22-A, Cr.P.C. conferred discretionary powers upon Ex-officio Justice of Peace with regard to such direction---Ex-officio Justice of Peace was obliged to exercise powers vested under the law in a judicious manner with application of mind, taking into consideration the facts and material of the case. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Penal Code (XLV of 1860), S.489-F---Application for registration of case against accused was allowed by Ex-Officio Justice of Peace after requisitioning the comments from SHO concerned---Accused had challenged the vires of said order through Constitutional petition, which was allowed---Applicant filed intra court appeal against the said order---Validity---Bare perusal of the application filed by the applicant constituted commission of cognizable offence, but concerned SHO had not registered case---Applicant was constrained to file a petition under Ss.22-A & 22-B, Cr.P.C. before the Ex-Officio Justice of Peace, who had issued direction for registration of case against the accused---Application made to SHO concerned with respect to the dishonouring of cheques was sufficient to constitute offence under S. 489-F, P.P.C. as liability/obligation had accrued against the cheques---Admittedly cheques were dishonoured and relevant slips were attached with the record, which constituted offence against the accused---Intra court appeal was allowed accordingly. Muhammad Bashir v. Station House Officer, Okara Cantt and others PLD 2007 SC 539 and Younas Abbas and others v. Additional Sessions Judge, Chakwal and others PLD 2016 SC 581 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 154---First information report---Object---FIR was a pertinent document in criminal law---Main object of FIR was to set criminal law in motion, obtain information about the alleged criminal activity so as to take suitable steps to trace and to bring to book the guilty. ORDER Through this…
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