Law: Criminal Procedure Code (V of 1898)

Section: 526/22-A(6),25

Law: Constitution of Pakistan, 1973

Section: 175

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 526/22-A(6)--Constitution of Pakistan, 1973, Art. 175--Availability of remedy--Transfer application of petition before Ex-Officio justice of peace--Question of whether application u/S. 22-A Cr.P.C. can be transferred in u/S. 526 Cr.P.C.--All courts are creatures of Constitution or law and drive their powers and jurisdiction from Constitution or any law--There are many tribunals or bodies with label “court” attached to them which have many of trappings of a court or which are required to act judicially, yet they are not courts of judicature or courts of law within meaning of Article 175 of the Constitution.[Pp. 45 ,  46] A, B Criminal Procedure Code, 1898 (V of 1898)-- ----S. 526/22-A--Three terms i.e. “criminal court”, “inquiry” or “trial” have been used in this section.[P. 48] C Criminal Procedure Code, 1898 (V of 1898)-- ----S. 25--Section 25 Cr.P.C. provides that by virtue of their respective offices, the session judges and on nomination by them Additional session judges are justice of peace within and for the whole of the district. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A--While performing functions as ex-officio justice of peace, session judges and additional sessions judges perform quasi judicial functions---Ex-Officio justice of peace while performing functions u/S. 22-A(6) of Cr.P.C. is not a criminal court. Interpretation of Statute ----Maxim--“Ubi jus ibiremedium” i.e. where there is a wrong, there is aremedy.[P. 50] F Constitution of Pakistan, 1973-- ----Art. 199--Writ jurisdiction in transfer of petition u/S. 22-A of Cr.P.C.--Remedy---A person who is aggrieved by some unwarranted act, always has a remedy available under article 199 of the constitution--Where there is no other remedy available to an aggrieved person, he can approach this court under constitution. JUDGMENT Petitioner has filed this transfer application under Section 526 of the Code of Criminal Procedure, 1898 (hereinafter “Cr.P.C”) seeking transfer of his application filed under Section 22-A(6) of, Cr.P.C. with the office of ex-officio Justice of Peace, Lahore (hereinafter ‘JOP’). Although, today petitioner has…

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