Law: Criminal Procedure Code (V of 1898)

Section: 22-A,154,157,158,561-A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 154, 157, 158, 159 & 561-A---Quashing of order, petition for---Petitioner had sought quashing of order passed by Ex-officio Justice of Peace, whereby application filed by respondent under S.22-A, Cr.P.C. was accepted and S.H.O. concerned was ordered to register the F.I.R. against the petitioners---Contention of counsel for the petitioners was that if Police Officer had suspected commission of cognizable offence in respect of information received under S.154, Cr.P.C., then he could decline to register the case and submit the investigation report to the Magistrate in view of S.158, Cr.P.C.; and then it was the duty of the Magistrate under S.159, Cr.P.C. to hold investigation or preliminary inquiry or otherwise dispose of the matter as provided under Cr.P.C.---Contention of counsel for the petitioners seemed devoid of force as counsel had intermingled the provisions of S.154, Cr.P.C. with the provisions of S.157, Cr.P.C.---Under the provisions of S.154, Cr.P.C., the S.H.O./Police Officer was bound to register the case against accused, irrespective of fact that the information, which he had received was correct or otherwise; whereas S.157, Cr.P.C. was an independent section, which would start operating after the registration of the F.I.R., and thereafter if S.H.O. suspected that information was false or frivolous, then he could make an investigation in respect of a cognizable matter and submit his report to Magistrate under S.158, Cr.P.C.---Magistrate, then could hold fresh investigation or preliminary inquiry under S.159, Cr.P.C. or dispose of the same in accordance with law. PLD 2007 SC 539 ref. PLD 2007 SC 539 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 561-A---Quashing of order, petition for---Functions of Justice of Peace---Nature---Function of Ex-officio Justice of Peace under S.22-A(6), Cr.P.C., was of administrative or ministerial nature and not of Judicial character---Objection of the petitioner that impugned order passed by Justice of Peace, was not a speaking order; and that he had not been given proper opportunity of hearing, had no weight---Order of Justice of Peace…

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