Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,561A

Criminal Procedure Code (V of 1898)-------Ss. 22-A, 22-B & 561-A---Ex-officio Justice of Peace--- Jurisdiction--Dismissal of complaint---Applicant assailed order of Ex-officio Justice of Peace whereby application filed by him under Ss. 22-A & 22-B, Cr.P.C., for direction to S.H.O. to record his statement and register FIR against proposed accused person was dismissed---Validity---There was no error in the order passed by Ex-officio Justice of Peace---Applicant was at liberty to approach concerned Court of Investigating officer for recording his statement and he could also file suit for recovery of his articles/commodity against the person to whom such articles/commodity was entrusted for safe transportation--- Application was dismissed, in circumstances.Mst. Sughran Bibi v. The State PLD 2018 SC 595 rel.Date of hearing: 6th March, 2024.ORDERAQEEL AHMED ABBASI, CJ.---Instant Crl. Misc. Application has been filed against the order dated. 10.10.2023, passed by learned Sessions Judge/Ex-Officio Justice of Peace Jacobabad in Crl. Misc. Appln. No.968/2023, whereby application filed by the applicant under sections 22-A and 22-B, Cr.P.C. with the prayer to direct the SHO to record statement of the applicant and register FIR against proposed accused for the offence as made out, was dismissed.Learned counsel for the applicant submits that the applicant claims in respect of oil cake (cattle feed) of 394 maunds which according to the applicant while transporting, was taken into possession by the police officials who are proposed accused persons. Counsel further contends that the applicant was on the way with the driver and the cleaner, they were intercepted by the police officials (proposed accused) and taken to the Police Station Saddar, where the aforesaid oil cake of the applicant was usurped by them and thereafter FIR bearing Crime No. 221/2023 was registered at Police Station Saddar, Jacobabad, against the driver Aziz Ahmed and the recovery of 270 liters of Diesel is shown from the same Truck. According to the counsel for the applicant, since the applicant has been deprived of his lawful right/aforesaid commodity, which has not been shown by the police for…