Law: Criminal Procedure Code (V of 1898)

Section: 561A,22A

Law: Penal Code (XLV of 1860)

Section: 403,409

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)-------Ss. 561-A & 22-A---Penal Code (XLV of 1860), Ss. 403 & 409--Constitution of Pakistan, Art. 199---Criminal misconduct---Dishonest misappropriation of property---Criminal breach of trust by public servant--Power of Ex-Officio Justice of Peace---Quashing of order---Scope---Petitioner had recovered a car during the investigation of a case---Subsequently, the owner of the vehicle in question filed an application under S. 516-A, Cr.P.C before the Trial Court for release of vehicle; initially the same was withdrawn and subsequently fresh application was filed, which was allowed, whereby the Trial Court, while utilizing the powers and jurisdiction as an Ex-Officio Justice of Peace directed the Commissioner and the Deputy Commissioner concerned to initiate a criminal case by means of lodging FIR against the petitioner/Investigation Officer of the case under Ss.403 and 409, P.P.C--Validity---In the case in hand, no complaint had been filed against the petitioner rather an application under Section 561-A, Cr.P.C. for release of vehicle was filed before the Ex-Officio Justice of Peace, wherein neither any complaint was filed or pending against the petitioner nor any such relief was sought against the petitioner for registering FIR against him---Impugned order had been passed by the Trial Court in the capacity of Ex-Officio Justice of Peace without holding an enquiry and without giving an opportunity of hearing to the petitioner, giving directions to the higher hierarchy of the petitioner's department for lodging of FIR, which was contrary to the scheme of law---Besides, the Ex-Officio Justice of Peace was not a Judicial Magistrate, who could take cognizance upon his own knowledge or information communicated to him---However, any order passed by a Court in the capacity of Ex-Officio Justice of Peace should be respected as the same was passed by him; while performing a quasi-judicial function, but only in a case, when a complaint was made before him in writing for excess committed by a levies/police official/officer---Without any application or complaint before Ex-Officio Justice of Peace, he could not pass an order against…