Law: Criminal Procedure Code (V of 1898)

Section: 526 , 22-A , 22-B , 22 , 4(2) , 6 , 4(1)(m) , 19 , 20

(a) Criminal Procedure Code (V of 1898)---

----Ss. 526, 22-A & 22-B---Powers of Ex-officio Justice of Peace---Transfer application---Scope---Petitioner through application under S.526, Cr.P.C. seeks transfer of case from Ex-officio Justice of Peace to another in the district---Section 22, Cr.P.C. empowers the Provincial Government to appoint one or more Justices of Peace for a local area and Ss. 22-A & 22-B describe their powers and duties respectively---Section 25 stipulates that by virtue of their respective offices, the Sessions Judges and on nomination by them, the Additional Sessions Judges, are Justices of Peace for their entire district of the province in which they are serving--Proceedings under Ss. 22-A & 22-B before the Sessions Judge or the Additional Sessions Judge do not become judicial merely because they are judges and exercise judicial power in other matters---One must look at the nature of the duty or work in which the officer concerned is engaged---In order that it may be judicial proceeding, he must act in a judicial capacity---Ex-office Justice of Peace is not a court within the meaning of S. 20, P.P.C., read with S.4(2), Cr.P.C.---Section 526, Cr.P.C., empowers the High Court to transfer cases pending before the criminal courts only---Petition for transfer of case from one Ex-officio Justice of Peace to another was dismissed.

Khizar Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470; Younas Abbas and others v. Additional Sessions Judge, Chakwal and others PLD 2016 SC 581 and Muhammad Ali v. Additional I. G., Faisalabad and others PLD 2014 SC 753 ref.

(b) Jurisdiction---

----Court should decide the issue of maintainability before taking any other steps in the proceedings.