| Citation(s) |
|---|
| 2012 SLG 300 2012 SLD 300 2012 PLD 35 |
Peshawar High Court
Criminal Miscellaneous Quashment Petition No. 142 of 2010, decided on 20th July, 2011
SYED SAJJAD HASSAN SHAH, J
Ghulam Hur Khan Baloch for Petitioner. Qudratullah Khan for
Respondents. Sultan Shehryar Khan Marwat for
Respondent
Criminal Miscellaneous Quashment Petition No. 142 of 2010, decided on 20th July, 2011
SYED SAJJAD HASSAN SHAH, J
Ghulam Hur Khan Baloch for Petitioner. Qudratullah Khan for
Respondents. Sultan Shehryar Khan Marwat for
Respondent
Mst. SAHIB JANEY BIBI
VS
DISTRICT POLICE OFFICER, D.I. KHAN and 4 others
Law: Criminal Procedure Code (V of 1898)
Section: 22-A(6),561-A
Law: Pakistan Penal Code, 1860
Section: 506,452
Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(6) & 561-A---Penal Code (XLV of 1860), Ss.506/452---Criminal intimidation, house-trespassing---Application for registration of case and arrest of accused---Petition for quashing of order---Powers of Justice of Peace under S.22-A(6), Cr.P.C.---Scope---Justice of Peace directed the Local Police to register case against respondent---Application under S.22-A(6), Cr.P.C. for registration of case---Police having not arrested respondent/accused, the petitioner filed another application under S.561-A, Cr.P.C. praying to arrest the accused---Justice of Peace directed Police to arrest the accused---Said order of Justice of Peace was operative and no appeal had been filed thereagainst---Petitioner had filed another application under S.22-A(6), Cr.P.C. for initiating the contempt proceedings against Police Authorities because they had not arrested accused, which application was dismissed and petitioner had filed petition under S.561-A, Cr.P.C. for quashing of said order---Powers bestowed upon Justice of Peace under S.22-A(6), Cr.P.C., were that he would direct the Police to act in accordance with law---Justice of Peace passed comprehensive and meaningful order directing the Investigating Officer to procure the arrest of accused and to produce him before the competent court for further proceedings under the law---Justice of Peace under S.22-A(6), Cr.P.C. could pass direction only to that extent and nothing more---Justice of Peace could not arrogate to himself the power of redressing the actual grievance itself and was supposed to perform the role of a facilitator and that of a bridge or a contact between the complaining person and the Police Authority---Jurisdiction under S.22-A(6), Cr.P.C. did not allow Justice of Peace to put his responsibility on the shoulder of another higher Police Authority and to start exercising executive power himself, which the law had vested in the Police Authorities---Application seeking for initiating the contempt proceedings against respondent for implementation of certain order earlier passed by Justice of Peace, was not maintainable, in circumstances. JUDGMENT SYED SAJJAD HASSAN SHAH,…
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