Law: Criminal Procedure Code (V of 1898)

Section: 22A,22A(6)(i),22-B

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Powers of Ex-officio Justice of Peace---Scope---Registration of FIR---Pendency of civil dispute---Non-mentioning of date of occurrence and names of witnesses---Opportunity of hearing to the proposed accused was not provided---Effect---Petitioners assailed order of Ex-officio Justice of Peace whereby he had directed the police to register criminal case against them---Allegation of respondent was that his brother had acquired the property of petitioner on lease; thereafter petitioner along with 20/22 armed persons entered the property, broke the locks and stole valuable items---Validity---Story of respondents was doubtful as neither any date of occurrence was mentioned in the complaint nor had the complainant mentioned the names of witnesses of the occurrence---Order of registration of FIR was passed against petitioners without affording them opportunity of hearing---Civil dispute between the parties was pending---Element of mala fide was apparent from the conduct of respondent---Constitutional petition was allowed and order passed by Ex-officio Justice of Peace was set aside. (b) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Powers of Ex-officio Justice of Peace---Scope---Registration of FIR---Scope---Ex-officio Justice of Peace is not supposed to act mechanically by simply considering the version of events narrated by a party applying for registration of FIR, but instead, in order to safeguard against misuse or abuse of such process, must apply his mind and satisfy himself that, prima facie, some material is available on record to support such version. Younas Abbas and others v. Additional Sessions Judge, Chakwal PLD 2016 SC 581 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Powers of Ex-officio Justice of Peace---Scope---Registration of FIR---Opportunity of hearing to proposed accused---Scope---Ex-officio Justice of Peace must provide opportunity of hearing to proposed accused in case where there is no urgency and there are no chances of the evidence being destroyed---Ex-officio Justice of Peace is not required to provide opportunity of hearing to the proposed accused where there is…

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