| Citation(s) |
|---|
| 2025 SLG 3945 2025 SLD 3945 = 2025 LHC 5527 |
W.P. No.42652 of 2024
Mr. Justice Ch. Sultan Mahmood
S.No. of order/ Proceeding Date of order/ Proceeding Order with signature of Judge and that of parties or counsel, where necessary. 21-08-2025 Mr. Abrar Ahmad Lurka, Advocate for the petitioner. Mr. Muhammad Nawaz Ch., Additional Advocate General with M. Azam, S.I. Mr. Muhammad Shoaib Khalid, Advocate for respondent No.7.
Amir Khan
VERSUS
The State, etc.
Law: Constitution of Pakistan, 1973
Section: 10-A, 199
Law: Code of Criminal Procedure (CrPC), 1898
Section: 22-A, 22-B, 54, 173, 491, 561-A, 46
Law: Pakistan Penal Code (PPC),1860
Section: 363
Law: Amendment in KPRA Employees (Appointment, Transfer and Promotion) Regulation, 2018
Section: 155(c), 155(d), 2002
Law: Police Rules, 1934
Section:
Summary:
The petitioner challenged the Ex-Officio Justice of Peace’s order directing arrest of accused in FIR No. 677/2021 under Section 363 PPC, despite earlier investigations declaring them innocent. The Court held that the Justice of Peace cannot interfere in the investigative domain of police or compel arrest without lawful justification. Arrest is discretionary under Section 54 Cr.P.C., not mandatory, and directions to arrest without sufficient material amount to unlawful interference. The writ petition was allowed, the impugned order set aside, and the Investigating Officer directed to conclude investigation under Section 173 Cr.P.C. in accordance with law.
âš–ï¸ Sections / Provisions Used:
Article 10-A, Constitution – Fair trial, due process