Law: Criminal Procedure Code (V of 1898)

Section: 22A,22-B,154,435,439

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 154---Exercise of jurisdiction by Ex-Officio Justice of Peace to order registration of case---Requirements---Duty of SHO---Scope---Petitioner was aggrieved of order passed by Ex-Officio Justice of Peace who dismissed his application for registration of case on the ground that the occurrence took place in a thickly populated area but no eye witness had been cited in the application submitted to the SHO---Validity---Section 154, Cr.P.C. suggested that the discretion for lodging of FIR did not lie with the SHO---Station House Officer had to see tentatively whether a cognizable offence was made out or not---Section 154, Cr.P.C. made it obligatory for a police officer of a police station that every information relating to commission of cognizable offence, if given orally or in writing, he would reduce the same into FIR---Refusal of police to register a case was a violation of S.154, Cr.P.C.---Impugned order of Ex-Officio Justice of Peace fell out of the purview his jurisdiction which was only to see whether from the plain reading of the application of the complainant a cognizable offence was made out or not---Ex-Officio Justice of Peace was bound under the law to order registration of FIR when a cognizable offence was made out---Chief Court directed the police to register case on the basis of complaint filed by petitioner---Application of petitioner was allowed accordingly. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The instant Cr. Misc. has been filed by the petitioner against the judgment/order of the learned Justice of the Peace Gilgit dated 26.02.2019, whereby the learned Justice of peace has been pleased to dismiss the petition filed by the petitioner under section 22-A, Cr.P.C. for issuance of directions to respondent No.3 for registration of FIR against respondents Nos.1 and 2. 2. The learned counsel for the petitioner submitted that the judgment/ order of the learned Justice of the Peace are not sustainable in the eyes of law and the learned justice of the peace misinterpreted and misapplied the provisions of law. The learned counsel further submitted that when from the bare reading of…

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