Law: Criminal Procedure Code (V of 1898)

Section: 22-A,154,155,200

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 154, 155 200---Non-cognizable offence---Ex-officio Justice of Peace--- Jurisdiction--- Petitioner was aggrieved of direction issued by Ex-officio Justice of Peace for registration of FIR against him in case where no cognizable offence was made out---Validity---Ex-officio Justice of Peace was empowered under S.22-A(1-6), Cr.P.C. to issue necessary directions for registration of FIR, if after perusal of available record contents of application prima facie could establish commission of cognizable offence---In case of non-cognizable offence, two remedies were available first before Station House Officer concerned, to whom application was sent by Ex-officio Justice of Peace, to register complaint in Daily Roznamcha Report and was to proceed according to provisions of S.155, Cr.P.C. for seeking permission from Judicial Magistrate for investigation and thereafter to submit complaint before Court---Remedy of private complaint under S.200, Cr.P.C. before Court was also available to complainant---High Court set aside order passed by Ex-officio Justice of Peace and FIR registered against petitioner was quashed---Constitutional petition was dismissed in circumstances. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:---.---Through this Constitutional Petition the following prayer has been sought: ‘It is accordingly most respectfully prayed that impugned order dated 10-08-2021 passed by Sessions Judge Sariab Division/ Ex-Officio(sic) may kindly be set aside and application under section 22-A, Cr.P.C filed by respondent No.1 may kindly be rejected, in the interest of justice, equity and fair play’ 2. This Constitutional petition was admitted to regular hearing vide order dated 23rd August 2021, when the operation of impugned order dated 10th August 2021 passed by Sessions Judge, Sariab Division/Ex-Officio Justice of Peace, was suspended. Meanwhile the connected Contempt Application No. 58 of 2021 was filed against the respondents with the following prayer: ‘It is, accordingly, most respectfully prayed that contempt of Court proceedings may kindly be initiated against the respondents and they may kindly be punished as per…

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