Law: Criminal Procedure Code (V of 1898)

Section: 22-a,22-b,155

Law: Penal Code (XLV of 1860)

Section: 427,504

(a) Criminal Procedure Code (V of 1898)--- ----Ss.22-A, 22-B, 155---Penal Code (XLV of 1860), Ss. 427, 504---Powers of Ex-officio Justice of Peace---Scope---Information in non-cognizable cases---Intentional insult with intent to provoke breach of peace---Scope---Petitioner assailed order passed by Ex-officio Justice of Peace whereby SHO was directed to place complaint of petitioner before the Magistrate---Allegations levelled in the complaint, prima facie, attracted Ss. 504, 427, P.P.C., which as per Column 3, Chapter XXII of Sched. II to the Criminal Procedure Code, 1898 were, non-cognizable offences---Station House Officer of Police Station was required under S.155(1), Cr.P.C., to enter the substance of such information in the relevant book kept at the police station and refer the informant to the Magistrate---Constitutional petition was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.155---Information in non-cognizable cases---Scope---Section 155, Cr.P.C., provided that for recording information relating to commission of non-cognizable offence a book is prescribed known as “Roznamcha or Station Diary”, in which information relating to commission of non-cognizable offence is entered---Generally police would not initiate any action and the complainant or informant, after having a copy of the said report is sent away, and if, the Station House Officer (SHO) deems it fit to initiate investigation then under subsection (2) of S.155, Cr.P.C., police has to take permission of the Magistrate---Section 155(2), Cr.P.C., requiring order of a Magistrate for investigation of a non-cognizable offence is mandatory in nature, if any arrest is to be made then it can only be made after obtaining warrant of arrest from the Magistrate as required under S.155(3), Cr.P.C. Syed Saleem Akhtar for Petitioner. hearing date: 10th June, 2020. ORDER ROZI KHAN BARRECH, J.----Through this petition, the petitioner has called in question the validity of the order dated 20.05.2020, (hereinafter “the impugned Order”) passed by learned Ex-Officio Justice of Peace/Sessions Judge, Noshki (hereinafter “the trial Court”), on Criminal Misc. Application No.03 of 2020,…

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