Law: Criminal Procedure Code (V of 1898)

Section: 22A(6),22-B,87,88,173,190

Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(6) & 173---Ex-officio Justice of Peace---Transfer of investigation after submission of challan---Scope---Petitioner assailed order of trial court whereby his application for transfer of investigation was dismissed---Validity---Challan against the accused persons had been submitted and they were facing trial---One of the accused persons was absconding in the case, therefore, the complainant claimed transfer of investigation simply on the ground that the Investigating Officer was not making serious efforts for arrest of the absconding accused---Petitioner had neither pointed out any mala fide of the investigating officer nor any association with the absconding accused---Trial court after receiving challan had issued non-bailable warrants of arrest against the absconding accused and in that regard proceedings under Ss. 87 & 88, Cr.P.C. were already initiated against the absconding accused---Petitioner failed to point out any illegality, irregularity or perversity in the impugned order---Constitutional petition was dismissed. (b) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Constitution of Pakistan, Art. 199---Constitutional jurisdiction---Ex-officio Justice of Peace---Scope---Article 199 of the Constitution has empowered the High Court to review or set aside the order passed under S. 22-A, Cr.P.C., but such power can only be exercised if lower court has not applied its mind or has overlooked some material aspect of the case---Where the lower court has passed a well reasoned order keeping in view the facts of the case, no interference is required. (c) Criminal Procedure Code (V of 1898)--- ----Ss.22-A, 22-B, 173 & 190---Powers of Ex-officio Justice of Peace---Report of police officer---Cognizance of offence---Scope---Sections 22-A & 22-B, Cr.P.C. provide remedy to the citizens at their door steps against the highhandedness of the police, if they fail to perform their duties regarding registration of criminal case, proper investigation or excess is committed by them in relation to their functions and duties---Said provisions are not meant to interfere in the judicial functions of the…

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