Case Details

Citation(s)
2019 SLG 973 2019 SLD 973 2019 PLJ 304
Peshawar High Court
Crl. M/QP No. 87-P of 2018, decision Dated: 12.10.2018. Hearing Dated: 12.10.2018.
QALANDAR ALI KHAN, JUSTICE
Petitioner(s) by: Mr. Fazal-e-Wahid, Advocate
Respondent(s) by: By in motion

ANDAZ KHAN, S.H.O., P.S. TORU

VS

SALMA GUL AND 2 OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 22(a),154,561A

Law: Police Order (22 of 2002)

Section: 156

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 561-A & 154--Quashment of /order--Allegation--Excessive use of authority by police--A bare perusal of impugned order of Ex-Officio Justice of Peace/ASJ-VIII, that Court has properly appreciated not only facts of case but also law applicable thereto; and rightly directed District Police Officer, to proceed with matter in accordance with law as provided u/S. 154, Cr.P.C.; which, though, meant for Incharge of Police Station, was not expected to be invoked by local police that complaint was against SHO and other police officials of local Police Station--In short, counsel for petitioner could point out no illegality or legal infirmity in impugned order, calling for interference by High Court in a matter which is apparently another example of high handedness by local police while demonstrating scant regard for order of highest Court in Province and resorting to misuse of authority while taking undue advantage of authority vested in police department only for providing protection to person, property, dignity and honour of citizens of Country--No merit in petition for quashment of /order--Petition was dismissed. Police Order, 2002 (10 of 2002)-- ----Art. 156--Cognizable offence--Allegations contained in application constituted a cognizable offence u/S. 156 of Police Order, 2002; and further that veracity of allegations regarding maltreatment and taking away of valuables and cash amount during raid and also whether order of suspension of warrant of arrest had been conveyed to petitioner/SHO, were 'area of investigation and could not be determined prior to setting of law into motion--Consequently, Ex-Officio Justice of Peace/ASJ-VIII, accepted petition and directed District Police Officer, to proceed with matter in accordance with law as provided u/S. 154, Cr.P.C. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE---.--- Andaz Khan, petitioner, being SHO Police Station Toru, Mardan, moved the instant petition under Section 561-A Cr.PC for quashment of the judgment/order dated 28.09.2018 of the learned Ex-Officio Justice of Peace/Additional Sessions Judge-VIII, Mardan, whereby, application of Respondent No. 1,…
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