Law: Criminal Procedure Code (V of 1898)

Section: 22-A,154,155,561-A

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 154, 155 & 561-A---Powers and functions of Ex-officio Justice of Peace---Scope---Registration of F.I.R.---Duty of Station House Officer of Police Station---Ex-officio Justice of Peace dismissed petitioner’s application for registering criminal case against the Station House Officer alleged to have committed tile murder of petitioner’s brother, holding that said brother of petitioner held criminal record---Validity---Under S.22-A, Cr.P.C., Justice of Peace was required to ascertain whether a cognizable case was made out by the facts narrated in the application for registration of F.I.R.---Minute examination of the case and fact-finding was not included in the functions of the Justice of Peace---Powers of Justice of Peace were designed to aid and assist criminal justice system; such powers were not supervisory or judicial but the same were administrative and ministerial in nature---Officer in charge of Police Station was not authorized to assess the correctness or falsity of the information received, instead, he was obliged to reduce the same into writing irrespective of the fact whether such information was true or false---Justice of Peace acted in excess of his powers by touching the merits of the case without any justification doing, thereby, violence to the whole scheme of Criminal Procedure Code, 1898----Justice of Peace was saddled with the administrative duty to redress the grievance of complainants aggrieved by refusal of Police Officer to register their reports and was not authorized to assume the role of investigating agency or prosecution---Assumption of role of investigator by Justice of Peace would make Ss.154 and 155, Cr.P.C. redundant---Application filed by petitioner before Justice of Peace was not tainted with malice---Impugned order was set aside and Station House Officer was directed to register F.I.R. if any cognizable case was made out. Mst. Bhaitan v. State and others PLD 2005 Kar. 621 and Rai Ashraf v. Muhammad Saleem Bhatti PLD 2010 SC 691 ref. Muhammad Bashir v. Station House Officer, Okara and others PLD 2007 SC 539 fol. Imtiaz Ahmed Cheema, S.H.O. v. S.H.O., Police Station Dharki…

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