Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Police Order (22 of 2002), Art.18(6)---Penal Code (XLV of 1860), S.364-A---Constitution of Pakistan (1973), Art.199---Constitutional,petition---Kidnapping or abducting a person under the age of fourteen---Powers of ex-officio Justice of Peace---Scope challenged the proceedings undertaken by ex-officio Justice of Peace who, being dissatisfied with investigation, directed the Police authorities to conduct further investigation contended that ex-officio Justice of Peace was not empowered to suggest a particular procedure or result of investigation further contended that the ex-officio Justice of Peace could not interfere with statutory power of Police to conduct investigation---Validity---Ex-officio Justice of Peace should not have indulged in inquiries/investigations; instead he should have directed the Investigating Officer to conduct investigation in accordance with law---Courts could not interfere in the process of collection of evidence under Ss.156 & 157, Cr.P.C. by Police---Powers conferred on ex-officio Justice of Peace under Ss.22-A and 22-B, Cr.P.C, dealt with issues relating to non-registration of F.I.R., transfer of investigation under Art.18(6) of the Police Order, 2002 and neglect, failure or excess committed by a police authority---Justice of Peace could not suggest the procedure or give direction to do a certain act as any such direction to suggest a particular procedure of investigation was departure from provision of law---Proceedings conducted by ex-officio Justice of Peace amounted to deciding the case without considering the result of investigation---Proceedings pending before the ex-officio Justice of Peace were held to be illegal and void ab initio and were quashed accordingly. ? Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470 and Muhammad Habib v. Addl: Sessions Judge/Justice of Peace, Jampur, District Rajanpur and 2 others PLD 2009 Lah. 235 rel. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the…

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