Law: Criminal Procedure Code (V of 1898)

Section: 22-A

Criminal Procedure Code (V of 1898)--- ----S. 22-A---Ex-officio Justice of Peace, powers of---Registration of FIR---Reasons to be furnished for passing an order contrary to the police report---Scope---Ex-officio Justice of Peace on application of the respondent under S.22-A, Cr.P.C. containing allegations that the Assistant Commissioner along with Levies Officials came to his house, beaten two persons, detained them for three hours, set his residential hut on fire as a result of which his educational documents were burnt into ashes not only that an amount of rupees seven million and four hundred thousand were found missing, in view of such circumstances, Tehsildar be directed to register FIR against the nominated persons---Ex-officio Justice of Peace had obtained report from the concerned Tehsildar which had elaborated that no such offence took place, however, despite such report Ex-officio Justice of Peace had ordered for registration of FIR without any corroborative material from the complainant---Ex-officio Justice of Peace was not required to blindly allow a request of the complainant and to believe the averments of the complaint as gospel truth---Ex-officio Justice of Peace was supposed to furnish tangible reasons for not relying upon the solicited report---Constitutional petitions were allowed and the order passed by Ex-officio Justice of Peace was set aside. Nazim Hussain v. Additional Sessions Judge/Ex-officio Justice of the Peace, Nankana Sahib 2017 PCr.LJ Note 35 rel. Mian Muhammad Khalid v. Station House Officer Police Station Manawan 2017 PCr.LJ Note 9 fol. JUDGMENT ABDUL HAMEED BALOCH, JUSTICE:---.--- By means of this common judgment we intend to dispose of Constitutional Petition No. (s) 01 of 2020 and No. (s) 21 of 2020, as the same have been directed against the order dated 31st December, 2019 (impugned order) of Additional Sessions Judge/Ex-officio Justice of the Peace Jhal Magsi at Gandawah, whereby Tehsildar Jhal Magsi was directed to register FIR against the nominated persons according to law, investigate the matter and submit challan before the concerned court. The petitioners of both the petitions prayed for declaring the impugned order…

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