Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Application for registration of case to Ex-Officio Justice of Peace---Dismissal of such application---Record showed that a criminal case was registered against father of applicant and he was called by Investigating Officer through notice under S. 160, Cr.P.C.---Stance of applicant was that when he appeared before the Investigating Officer, he started beating him severely and thereafter, he moved an application against the Investigating Officer before Judicial Magistrate, who referred him to Civil Hospital for medical checkup---Contents of the said application revealed that the applicant did not mention date and time of the alleged incident, even he had failed to assign as to on which part of his body he sustained injuries---Applicant without approaching the SHO concerned had filed application under S. 22-A, Cr.P.C. before the Ex-Officio Justice of Peace---Circumstances established that applicant failed to point out any illegality or infirmity in the impugned order warranting interference---Constitutional petition was dismissed in circumstances. Younas Abbas and others v. Additional Sessions Judge, Chakwal and others PLD 2016 SC 581 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(6)(i) & 22-B---Application for registration of case before Ex-officio Justice of Peace---Scope---Non-registration of criminal case---Effect---Aggrieved person was supposed to lay information of commission of cognizable offence before SHO---If the SHO refused or failed to receive such information, then doors of office of Ex-officio Justice of Peace were to be knocked---Prior to laying information before SHO concerned, remedy provided under Ss. 22-A & 22-B, Cr.P.C. could not be availed. 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 Constitution), the petitioner has called in question the legality and propriety of the order dated 22.02.2017 (the impugned order), passed by the Sessions Judge, Quetta in his capacity as of Ex-Officio Justice of the Peace (JoP), whereby…

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