Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss.22-A, 22-B---Powers of Ex-officio Justice of Peace---Registration of FIR---Dispute of civil nature---Scope assailed order passed by Ex-officio Justice of Peace directing the registration of FIR on the application of the respondent company---Case of company was that the petitioner had continued to retain the company car given to him for the purposes of his employment long after him ceasing to be an employee and thereby committed criminal breach of trust---Contention of petitioner was that an employee of the company had promised to pay his outstanding salary with the commitment that till payment of the due amount he would not be dispossessed from the vehicle---Held; alleged verbal promise, for which no documentary proof was on record, was inconsistent with the application filed by the company before Ex-officio Justice of Peace---Alleged undertaking was not worthy of any credence unless proved in evidence led at the trial had already filed a suit for recovery of his dues from the company, his continued possession did not appear to be warranted in law---Temporary injunction granted by Trial Court was against illegal snatching and in its terms had created an exception for recourse to the legal process---Constitutional petition was dismissed. 2019 MLD 503; 2019 PCr.LJ Note 23; 2019 YLR 1299; 2017 PCr.LJ Note 179 and 2019 YLR 1897 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----Ss.22-A, 22-B---Constitution of Pakistan, Art.199---Constitutional jurisdiction---Powers of Ex-officio Justice of Peace---Judicial review---Scope---Courts role is limited to examining the illegality or lack or excess of jurisdiction by the Ex-officio Justice of Peace in passing an order---Only the orders passed, directions issued and actions taken by the Ex-officio Justice of Peace in excess of his powers can be quashed through judicial review. (c) Criminal Procedure Code (V of 1898)--- ----S.22-A---Powers of Ex-officio Justice of Peace---Ipse dixit of police---Scope---Ex-officio Justice of Peace is not bound by the report of the police as he exercises a quasi-judicial function by looking at all the facts and circumstances before…

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