Law: Criminal Procedure Code (V of 1898)

Section: 22-A(6),561-A

(a) Criminal Procedure Code (V of 1898)--- ----S. 22-A(6)---Justice of Peace---Power of summoning of police report---Scope---Once the police report had been called for, the same could not ordinarily be brushed aside---Ex-Officio Justice of Peace, while holding contrary to the police report, was supposed to furnish tangible reasons for not relying upon the solicited police report. Mureed Hussain v. Additional Sessions Judge/Justice of Peace Jampur and 3 others 2014 PCr.LJ 1146; Muhammad Asif v. Sanobir Khan and 3 others 2017 PCr.LJ Note 9 and Nisar Ahmed Bhatti v. Additional Sessions Judge and others 2016 YLR Note 146 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(6) 561-A moved application before the Justice of Peace for the registration of criminal case against the petitioners as they committed fraud in transferring the plot left by the deceased father of petitioner---Justice of Peace after requisitioning report from the police disposed of the petition---Record showed that the Ex-officio Justice of Peace before passing the impugned order requisitioned the police report wherein it was reported that one petitioner had since surrendered allotment; that no cognizable offence was made out; that allotment in the name of said petitioner had been with the consent of all the legal heirs and that the said petitioner had not alienated the subject plot to anyone else rather on the objection of one of the respondents surrendered the allotment---Ex-officio Justice of Peace, though, mentioned the receipt of report in its order but failed to render any observation regarding the same---Order impugned also did not contain any reasons for discarding the same---Admittedly the allotment in the name of the said one petitioner stood revoked and that no cognizable offence had been committed, therefore, in such eventuality when the very allotment in the name of the said petitioner stood revoked, the police report appeared to be just and could not be brushed aside---Impugned order in the backdrop of the facts, besides the law on the subject, was not legally sustainable---Constitutional petition was allowed by setting aside the impugned order and the application filed by…

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