Law: Criminal Procedure Code (V of 1898)

Section: 22-A, 561-A

Criminal Procedure Code (V of 1898) Ss. 22-A & 561-A---Powers of Justice of Peace under S.22-A, Cr.P.C---Scope---Petition filed under S.22-A, Cr.P.C, by the applicant for the registration of criminal case was declined by the Ex-officio Justice of Peace---Validity---Justice of Peace was duty bound to apply his judicial mind in order to form a prima facie view that cognizable information had been brought on record by the applicant---From the facts of the application no cognizable information was stated by the applicant---Ex-officio Justice of Peace was not bound to issue in all cases a direction to SHO concerned for the registration of FIR---Section 22-A, Cr.P.C, was an enabling and beneficiary piece of legislation and therefore a duty was also cast upon the Courts to save it from being misused and abused and to ensure that it was used in only genuine cases---Application was dismissed, in circumstances.               Date of hearing: 21st February, 2025.                                                                                                          oRDEr        Zulfiqar Ahmad Khan, J.---The applicant through the present application sought indulgence of this Court for issuance of direction to S.H.O concerned for registration of case against the proposed accused as her application filed by her before the learned 7th Additional Sessions Judge Karachi, East was dismissed vide order dated 28.01.2023 ( Impugned Order ). 2.    Learned counsel for the application contended that the learned Justice of Peace/7th Additional Session Judge Karachi, East failed to apply his judicial mind while deciding the application and passed the impugned order. He further contended that the deceased Dr. Amir Liaquat Hussain was murdered by the proposed accused who were the watchmen and house helpers in the house…