Law: Criminal Procedure Code (V of 1898)

Section: 4(l),155(2),156(1)(3),157(1),174,202,22- A

Law: Penal Code (XLV of 1860)

Section: 337-A(i),337-A(ii),148,149

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 4(l), 155(2), 156(1)(3), 157(1), 174, 202---Investigation---Principle---First Information Report is not a condition precedent for initiating investigation by police---Even where FIR is recorded, investigating officer may refuse to investigate the case under S. 157, Cr.P.C.---Mere fact that FIR is registered does not obligate investigating officer to arrest accused. Muhammad Bashir v. Station House Officer Okara Cantt. and others PLD 2007 SC 539; Joginder Kumar v. State of U.P. (1994) 4 SCC 260; M.C. Abraham and another v. State of Maharashtra and others (2003) 2 SCC 649; Mst. Sughran Bibi v. The State PLD 2018 SC 595; Shahzada Qaiser Arfat alias Qaiser v. The State and another PLD 2021 SC 708; Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470 and Misbah-ud-Din Zaigham and 3 others v. Federal Investigation Agency and another 2021 CLD 906 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(ii), 148, 149---Constitution of Pakistan, Art. 199---Constitutional petition---Arrest of accused---Ex-officio Justice of Peace, direction of---Cross-version case---Shajjah-i-Khafifah, Shajjah-i-Mudihah and rioting armed with deadly weapons---Present was a cross-version case in which Ex-officio Justice of Peace directed investigating officer to arrest petitioner and others named in cross-version---Validity---Respondent got cross-version registered against petitioner and others in FIR---Investigating officer who initially dealt with the matter was of the opinion that injuries caused wife of respondent were simple and non-cognizable---Investigation was transferred to another police officer, who was investigating the matter---Investigating officer was to defer arrest of any accused if he was not satisfied about his involvement in any offence---Nothing was on record to suggest inaction of police---Respondent did not make out a case for intervention of Ex-officio Justice of Peace, who had only jurisdiction to issue a direction to police officials to look into the matter---High Court declared order passed by Ex-officio Justice of…

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