Law: Criminal Procedure Code (V of 1898)

Section: 22-A&154

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A 154---Justice of Peace, powers of---Information in cognizable cases---Scope assailed the dismissal of his application under S.22-A, Cr.P.C. had a dispute regarding a house with the proposed accused who was owner of the house had entered into an agreement to sell, paid certain amount as part consideration and obtained possession of a portion of the house had filed a suit for specific performance and had also filed a complaint to police for registration of FIR under Ss. 420, 441, 341, 342, 506 380, P.P.C.---Police after investigating the matter had closed the inquiry on the ground that the parties were contesting civil suits before the Civil Court and the Justice of Peace had dismissed the petition under S.22-A, Cr.P.C.---Station House Officer had no power to refuse the registration of FIR, if he was informed orally or in writing regarding commission of a cognizable offence---No bar existed on initiating civil and criminal proceedings simultaneously as both could run side by side with varying results---Role of Justice of Peace under S.22-A(6), Cr.P.C., was limited to the extent of scrutinizing the case just to see as to whether a cognizable offence was made out on the basis of information provided by the informer---Justice of Peace was not authorized to initiate independent investigation to ascertain the veracity of information/complaint---Justice of Peace and police authorities had exceeded their jurisdiction provided under the law---Constitutional petition was allowed, in circumstances and the SHO was directed to register FIR in pursuance of the complaint. Mst. Sughran Bibi v. The State PLD 2018 SC 595 ref. Muhammad Bashir v. Station House Officer, Okara Cantt PLD 2007 SC 539; Ashiq Hussain v. Justice of Peace, Alipur 2010 YLR 774; Yousuf Khan v. The State 2012 PCr.LJ 383; Muhammad Hanif’s case 2013 PCr.LJ 449; Seema Fareed v. The State 2008 SCMR 839 and Rab Nawaz v. Station House Officer Police Station Dharki 2012 MLD 736 rel. JUDGMENT LUBNA SALEEM PERVEZ, J.— The petitioner, Syed Sajid Hussain, through instant petition has assailed the order dated 08.10.2020, passed by Additional Sessions Judge-IX,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492