| Citation(s) |
|---|
| 2012 SLG 2324 2012 SLD 2324 2012 YLR 134 |
Balochistan High Court
Criminal Quashment Application No. S-17 of 2009, decided on 12th August, 2011. DATE of hearing: 5th August, 2011
MUHAMMAD HASHIM KHAN KAKAR, J
Bahadur Khan for Applicant. Muhammad Aslam Chishti for
Respondents Nos. 1 to 3. Abdullah Kurd for the State
Criminal Quashment Application No. S-17 of 2009, decided on 12th August, 2011. DATE of hearing: 5th August, 2011
MUHAMMAD HASHIM KHAN KAKAR, J
Bahadur Khan for Applicant. Muhammad Aslam Chishti for
Respondents Nos. 1 to 3. Abdullah Kurd for the State
GUL MUHAMMAD
VS
MUHAMMAD and 4 others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 154 & 561-A---Registration of case---Quashing of order, petition for---Petition for registration of case against respondents filed under S.22-A, Cr.P.C., having been dismissed by the Justice of Peace, petitioner had filed petition for quashing of order of said dismissal order---Ex-Officio Justice of Peace, did not perform Judicial functions, nor his directions would fall within the scope of Judicial order, but were administrative and ministerial in nature---Said directions could be challenged under S.561-A, Cr.P.C., because administrative orders, were required to be challenged under said S.561-A, Cr.P.C.---Impugned order being administrative or supervisory in nature, was not amenable to the revisional jurisdiction of High Court---No authority was vested with an officer-in-charge of a Police Station or with Justice of Peace to hold any inquiry into the correctness or otherwise of the information, which was conveyed to the S.H.O. for the purpose of recording of the F.I.R.---Record of the present case reflected that no inquiry whatsoever in nature was conducted by the Justice of Peace after receiving application under S.22-A, Cr.P.C.---Simplicitor, a report was submitted showing the involvement of deceased and injured in a number of criminal cases lodged with Police Station---Petition was dismissed. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---Exercise of discretion under Art.199 of Constitution, was not dependent only on illegality committed by a competent authority, but was also controlled by some other important considerations, such as the seeker of a writ being an aggrieved person; availability of alternative remedies, like the filing of complaint etc. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(6) & 154---Registration of criminal case---Procedure---Powers of Justice of Peace---Scope---If the information related to the commission of a cognizable offence, same would fall under S.154, Cr.P.C.; and a Police Officer was under statutory obligation to enter it in the prescribed register---Condition precedent was simply twofold; first it must be on…
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