Law: Criminal Procedure Code (V of 1898)

Section: 22-A, 161, 200

Criminal Procedure Code (V of 1898) Ss. 22-A, 161 & 200---Powers of Justice of Peace under S.22-A, Cr.P.C. ---Scope---Petition filed under S.22-A, Cr.P.C.,by the respondent against the applicant for the registration of criminal case was allowed by the Ex-Officio Justice of Peace---Validity---Admittedly, the son of complainant had been shown as killed in an encounter with police on 24.08.2024 and to that effect FIR under Ss. 324, 353, 393 & 410, P.P.C., was registered---It was alleged by complainant that her son was taken away by the applicant/proposed accused, which was yet to be established by her through evidence---However, under the scheme of law no provision for second FIR had been provided---Complainant, however, was at liberty to file a complaint in terms of S.200, Cr.P.C or might approach the Investigating Officer of FIR already registered for recording her statement under S.161, Cr.P.C---Impugned order was not tenable---Application was allowed by setting aside impugned order.            Date of hearing: 6th October, 2025.                                                                                                       Order         Muhammad Saleem Jessar, J.---Through this application, applicant Ghulam Murtaza Mirani has assailed the order dated 18.04.2025 penned down by 1st Additional Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, wherby he has allowed the application under section 22-A(6)(i), Cr.P.C filed by respondent No. 3 against the applicant and directions were issued to SHO concerned to record the statement of respondent No. 3 in terms of section 154, Cr.P.C. 2.    Learned Counsel for the applicant has argued that a police encounter occurred within the jurisdiction of PS Dour, District Shaheed Benazirabad on 24.08.2024, in which the son of respondent No. 3, namely, Aijaz Ahmed…