Law: Criminal Procedure Code (V of 1898)

Section: 200,22-A

Criminal Procedure Code (V of 1898)--- ----Ss. 200 22-A---Quashing of FIR---Illegal order---Private complaint under S.200, Cr.P.C. was filed against petitioner and on the first date Magistrate directed police to register the caseISLAMABAD HIGH COURT sought quashing of the FIR on the plea that it was registered on illegal order---Validity---Magistrate was not empowered under the law to issue directions to police regarding registration of case---Such powers were only vested with Ex-Officio Justice of Peace under S.22-A, Cr.P.C.---Direction issued by Magistrate to police regarding registration of case was beyond his jurisdiction---Whole proceedings upon which the superstructure was built i.e. registration of case was not sustainable---High Court set aside order passed by Magistrate and quashed the FIR registered against petitioner---Constitutional petition was allowed, in circumstances. Malik Muhammad Sadiq v. Station House Officer and others 2013 PCr.LJ 1177 rel. JUDGMENT AHMAD ALI, JUSTICE:---.--- Through this petitioner under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners Pehlwan Shah and two others have made the following prayer:- On acceptance of instant writ petition, the FIR No. 363 dated: 06.05.2014 may graciously be quashed and any other relief in the circumstances of the case, which this Honble Court deems fit and proper, may also be granted. 2. Brief but relevant facts leading to filing of instant writ petition are that respondents Nos.1 and 2 filed a complaint under sections 506/ 406/427/430/431/432/34, P.P.C. before respondent No. 3/Judicial Magistrate-II, Havelian, Abbottabad against the present petitioners on 06.05.2014. The learned Judicial Magistrate after receiving the complaint on the very first date passed an order, which is impugned herein through this writ petition. 3 Learned counsel for petitioner mainly relied upon the arguments that learned Judicial Magistrate without adverting/considering towards the mandatory provisions of law, in a cursory and slipshod manner passed the impugned order, which is not his domain but only vested with learned Justice of Peace under section 22-A Cr.P.C. 4. Before going…

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