Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B,154,156,157

Law: Police Rules, 1934

Section: 24.4

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 154, 156 & 157---Police Rules, 1934, R. 24.4---Constitution of Pakistan, Art. 199---Constitutional petition---First Information Report, registration of---Principle---Inquiry before registration of case---Scope---Petitioner was aggrieved of dismissal of his application under S. 22-A(6), Cr.P.C. by Ex-officio Justice of Peace refusing to issue direction to register a criminal case against accused persons---Validity---Provision of S. 157, Cr.P.C. read with R. 24.4 of Police Rules, 1934 could not be employed before registration of criminal case under S. 154, Cr.P.C.---When information of cognizable offence was received by Station House Officer (SHO), he could not embark upon inquiry to examine reliability or credibility of such information to refuse registration of criminal case---Station House Officer was under statutory duty to register criminal case and then to proceed with investigation, if he had reason to suspect commission of an offence---Station House Officer was empowered under S. 156, Cr.P.C. to investigate, subject to proviso (b) to S. 157(1), Cr.P.C. read with R. 24.4 of Police Rules, 1934, whereby investigating officer had ample power to dispense with investigation altogether---High Court set aside order passed by Ex-officio Justice of Peace as the same was illegal and unwarranted---High Court directed SHO to register criminal case on the information of petitioner, clearly disclosing commission of cognizable offence, already furnished to him---Constitutional petition was allowed, in circumstances. State of Haryana and others v. Bhajan Lal and others 1992 Supp (1) SCC 335; Zulfiqar Ali alias Dittu and another v. The State 1991 PCr.LJ 1125 and Abdul Rehman Malik v. Synthia D. Ritchie, Americans National and others 2020 SCMR 2037 rel. JUDGMENT ALI ZIA BAJWA, J.---Through this petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, (hereinafter the 'Constitution'), the petitioner has assailed the vires of the impugned order dated 03.02.2021 passed by the learned Ex-officio Justice of Peace, Gujrat (hereinafter 'JOP') whereby petition under section 22-A(6)…

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