Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(6), 154 & 561-A--Order passed by Justice of Peace for registration of criminal case---Application filed by the respondent for registration of case against the petitioner who was S.H.O. of Police Station, having been accepted by the Justice of Peace, the petitioner had filed petition for quashing of order of Justice of Peace---Paramount question to be decided in proceeding under S.22-A, Cr.P.C. was as to whether a cognizable offence was committed---Compliance of S.154, Cr.P.C. was mandatory---Non-registration of F.I.R. on the part of the Police would amount to misuse of powers and neglect of his duty---Under S.22-A, Cr.P.C., if Justice of Peace would find that an incident had taken place, then he was required under the law to issue directions for registration of case---Application submitted by the respondent against the petitioner to the Justice of Peace under S.22-A, Cr.P.C. revealed that there were allegations of some facts which constituted a cognizable offence---When such facts were available disclosing existence of cognizable offence, then Police was bound to register the case under the provisions of S.154, Cr.P.C.---Impugned order passed by the Justice of Peace was well founded, well reasoned, based on facts needed no interference by the High Court in exercise of its inherent powers under S.561-A, Cr.P.C.---Impugned order was maintained and petition for quashing of said order was dismissed. Salahuddin Khan S.H.O. v. Noor Jaan and others PLD 2008 Pesh. 53 ref. JUDGMENT ATTAULLAH KHAN, J.--Through this petition filed under section 561-A, Cr.P.C, the petitioner Akhtar Ali Khan seeks the quashment of order dated 30-7-2010 passed by the Additional Sessions Judge-I Bannu vide which he ordered registration of F.I.R against the petitioner. 2. Afsar Ali Khan respondent has submitted an application to the Additional Sessions Judge-I in his capacity as Justice of Peace Bannu under section 22-A(6) Cr.P.C. for registration of case against the petitioner Akhtar Ali Khan S.H.O. of Police Station Haved, District Bannu. The averments in the application are that the petitioner deals in the business of supply of various…

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