Law: Code of Criminal Procedure, 1898

Section: 561-A,22-A,B,154

Summary The applicants filed a criminal miscellaneous application under Section 561-A Cr.P.C. challenging the Justice of Peace's order directing the SHO to record the complainant's statement under Section 154 Cr.P.C. regarding a property dispute. The applicants argued that they were the lawful owners of the property through registered documents and that the dispute was purely civil in nature. The High Court held that the Justice of Peace exceeded his jurisdiction by making findings on disputed questions of title, forgery, and possession, which can only be decided by a civil court. The Court found that the allegations did not disclose any cognizable offence and that criminal proceedings were being misused to pressure the lawful owners. Consequently, the impugned order was set aside, the SHO was restrained from taking coercive action, and the parties were left free to pursue appropriate civil remedies. Sections Used Section 561-A – Code of Criminal Procedure, 1898 Sections 22-A & 22-B – Code of Criminal Procedure, 1898 Section 154 – Code of Criminal Procedure, 1898 Sections (Numbers Only) 561-A, 22-A, 22-B, 154 Two 2-Word Descriptions Civil Dispute FIR Quashed       O R D E R This Criminal Miscellaneous Application under section 561-A of the Code of Criminal Procedure, 1898, has been filed by the Applicants, namely (i) Khursheed Jehan Shaikh and (ii) Mehvish Shaikh, seeking exercise of the inherent jurisdiction of this Court for setting aside the Order dated 02.10.2025 (hereinafter referred to as the “Impugned Order”) passed by the learned XII-Additional Sessions Judge/Ex-Officio Justice of Peace, Karachi East, in Criminal Miscellaneous Application No.5096 of 2025. The brief facts, as borne out from the record, are that Respondent No.3 moved an application under sections 22-A & 22-B Cr.P.C. before the learned Ex-Officio Justice of Peace alleging that the Applicants had illegally occupied Plot No.184-M, Block-2, PECHS, Karachi, since the year 1987; that they had prepared fake and bogus documents, including a power of attorney and a gift deed; and that they had been extending threats and causing…