Law: Criminal Laws Reform Ordinance, 2002

Section: 561-A,22-A,155

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 22-A 155---Inherent powers of High Court under S. 561-A, Cr.P.C.---Scope---Powers of Ex-officio Justice of Peace---Information and investigation into non-cognizable cases---Scope assailed order passed by Ex-officio Justice of Peace and sought quashing of criminal proceedings---Complainant had alleged that she and another was injured by the accused persons; that police had referred the injured for medical examination, however, the medical reports revealed that no cognizable offence was made out as such the complainant filed application under S. 22-A, Cr.P.C., which was accepted by the Ex-officio Justice of Peace vide impugned order---High Court observed that when the offence reported was non-cognizable, the procedure provided under S. 155, Cr.P.C. was required to have been adopted---Police was bound to enter the report in a specific register and refer the complaint to Magistrate and only the Magistrate was empowered to order for investigation or otherwise in the case, while the Ex-officio Justice of Peace was not empowered to direct the local police to proceed against the accused---When the police investigated a case of non-cognizable offence without permission of a Magistrate, such act of the police amounted to violation of mandatory direction of law and its continuation was an abuse of process of law---Petition for quashment was allowed, impugned order was set aside and proceedings carried out thereupon were quashed, in circumstances. Mst. Malka Jan v. IGP NWFP Peshawar and 2 others 2000 PCr.LJ 320; Haji Rehman SHO and 3 others v. Provincial Police Officer, Government of KPK Peshawar and 3 others 2012 PCr.LJ 1526; Muhammad Ashiq and 2 others v. SHO, PS Northern Cantt. Lahore and 3 others 2005 YLR 1879 and Muhammad Shafiq v. SHO and others 2012 YLR 828 ref. Muhammad Ali v. Additional I.G. Faisalabad PLD 2014 SC 753 distinguished. (b) Criminal Procedure Code (V of 1898)--- ---S. 22-A---Powers of Ex-officio Justice of Peace---Scope---Bare perusal of S. 22-A, Cr.P.C. clarifies that the Ex-officio Justice of Peace can be approached in cases where the local police is reluctant to register a criminal case when…

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