Law: Criminal Procedure Code (V of 1898)

Section: 22-A,526,526(1),22-A(i)(ii)(iii)

Law: Pakistan Penal Code, 1860

Section: 207

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A--Respondent has moved an application under Section 22-A of the Code of Criminal Procedure, 1908 for registration of case. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 526--Through this petition under Section 526, Cr.P.C. the Petitioner seeks its transfer to some other Ex-officio Justice of Peace in the District.[P. 89] B Criminal Procedure Code, 1898 (V of 1898)-- ----S. 526(1)--Power of High Court--A bare perusal of the provision evinces that it empowers the High Court to transfer cases pending before the criminal Courts only.[P. 90] C Criminal Procedure Code, 1898 (V of 1898)-- ----S. 6--Clases of Criminal Courts--Section 6, Cr.P.C. stipulates that in addition to the High Court and the Courts constituted under different laws for the time being in force, there shall be two classes of criminal Courts in Pakistan, namely, the Courts of Sessions and the Courts of Magistrates. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22--Power of Provincial Government-- Empowers the Provincial Government to appoint one or more Justices of Peace for a local area and Sections 22-A and 22-B describe their powers and duties respectively. Section 25 stipulates that by virtue of their respective offices, the Sessions Judges and on nomination by them, the Additional Sessions Judges, are Justices of Peace for the entire district of the province in which they are serving. Role of Justice of Peace-- ----In Pakistan the role of the Justices of Peace is historically restricted to conservation of peace primarily by rendering assistance to the police. Ref. PLD 2005 Lahore 470. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A(6)(i)(ii)(iii)--Functions of Ex-officio Justice of Peace--Hon’ble Supreme Court dissented with the latter part of the holding in Khizar Hayat and held that the functions of the Ex-officio Justice of Peace described in clauses (i), (ii) and (iii) of Section 22-A(6), Cr.P.C. are quasi-judicial.[P. 96] G PLD 2016 SC 581. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 207--Ex-officio Justice of Peace is not a Court within the meaning of Section 20, PPC read with Section 4(2), Cr.P.C. As Section…

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