Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Criminal Procedure Code (V of 1898)--- ----Ss.22-A & 22-B---Jurisdiction, and power of Ex-officio Justice of Peace---Application for issuance of direction to the Investigating Officer for substituting the name of accused was accepted---Validity---Burden of proof, without any doubt, laid on the complainant and the prosecution to prove not only the commission of offence but the fact that it was a bona fide mistake on their part to have named "S" instead of "K" in their first report, as well as the other pieces of evidences gathered during the process of investigation---Record showed that the complainant or the accused had not attributed any mala fide to the Investigating Agency nor any such mala fide was visible in the case---Complainant had admittedly named the accused "S" which he wanted to be replaced with the accused "K"---Investigating Agency had nowhere been attributed any mala fide nor want of its jurisdiction had been pleaded or asserted by any of the parties at any stage---Effect of setting aside of the order of Justice of Peace, at that stage, would no doubt necessitate the ordering of retracing the steps taken in the investigation of the case, which could not be deemed appropriate in the circumstances of the case---Strong factual controversy existed in the case and that also had arisen out of investigation of the case, therefore, Court did not feel inclined to interference in the said affairs and left the same entirely to the determination of the Trial Court---Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: WIQAR AHMAD, JUSTICE:---.---Our this order is directed to dispose of W.P. No. 718-M of 2019 filed by the petitioner against the respondents under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as "Constitution") as well as connected Criminal Revision No.105-M of 2019 filed by the complainant/petitioner Mohammad Shoaib against respondents under section 39 of the Criminal Procedure Code 1898 (hereinafter referred to as "Code"). 2. Muhammad Sohaib lodged a report to Imran Khan SHO PS Talash, at emergency ward of Shamshi Khan hospital Talash, alleging therein that he…

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