Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B,4,4(f)

Law: Police Order (22 of 2002)

Section: 155(c),154,148,152

Law: Civil Procedure Code (V of 1908)

Section: XXVII-A

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 22-A, 22-B , 154--Police Order, (10 of 2002), Art. 155(c)--Direction to petitioner for recording of version of respondent was employee in police department--Excess of powers--Cognizable offence--Order of justice of peace was challenged by petitioner--Determination of nature of offence--Question whether offence defined in Article 155(c) of Police Order is ‘cognizable’ or ‘non-cognizable’--Right from creation of country criminal justice system is suffering multiple notable deficiencies--Main cause of such deficiencies is incompetency and lack of proper training of police in matter of investigation of a case and arrest of accused--One cannot also lose sight of reality in shape of inefficiency, maladministration and abuse of power by police in this regard--Offence under Article 155 of “Order” is cognizable--We thus feel no cavil to approve view formed to this effect by Benches of High Court as well as Division Benches of Peshawar High Court and Sindh High Court--Ex-Office Justice of Peace was justified to direct “SHO” concerned to record version of “respondent” in terms of Section 154 of “Code” and to act in accordance with law. Police Order, 2002 (10 of 2002)-- ----Art. 4(c)--Obligation of police officer--It is obligatory upon Police Officer to ensure that rights and privileges, under law, of a person taken in custody, shall be protected. Civil Procedure Code, 1908 (V of 1908)-- ----O.XXVII-A--Personal appearance--In terms of notice under Order XXVIIA of “CPC” personal appearance of Attorney General for Pakistan if question of law concerns Federal Government and Advocate General of Province if question of law concerns a Provincial Government as case may be, is necessary. [P. 865] B Police Order, 2002 (10 of 2002)-- ----Art. 154--Penalty for misconduct of police officer--Penal clause deals with various mischiefs committed by a police officer amounting to misconduct--It provides a punishment of imprisonment which may extend to three years alongwith fine. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A--Powers to ex-officer justice of peace--On account of gravity and seriousness of issue Section 22-A was…

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