Law: Code of Criminal Procedure, 1898

Section: 22-A & 22-B, 154

Law: Pakistan Penal Code (PPC),1860

Section: 406/409

Law: Constitution of Pakistan 1973

Section: 199

Case Summary The petitioner, a proprietor of a construction company, challenged an order passed by the Additional Sessions Judge/Ex-Officio Justice of Peace, Islamabad-West, which dismissed his application under Section 22-A & 22-B of the Cr.P.C. for the registration of an FIR. The petitioner alleged that a "Site In-charge" (Respondent No. 4) had embezzled approximately Rs. 20,000,000/- through unauthorized bank transfers and encashments during a construction project in Murree and AJK. The High Court dismissed the writ petition and upheld the findings of the Justice of Peace based on the following grounds: Failure to Establish Cognizable Offence: The petitioner failed to provide concrete proof of employment or specific documentary evidence of embezzlement. The audit report provided was silent regarding Respondent No. 4’s status as an employee or the alleged misappropriation. Police Inquiry Results: A report by the Superintendent of Police (Complaints) indicated that the respondent was an independent contractor rather than an employee. It further stated that payments were made pursuant to a contractual arrangement and were duly signed by the petitioner. Jurisdictional Issues: The alleged work and financial transactions occurred within the territorial limits of Murree and Azad Jammu & Kashmir (AJK), falling outside the jurisdiction of the Islamabad police station where the registration of the FIR was sought. Civil vs. Criminal Nature: The court observed that the record indicated a contractual or civil dispute rather than a criminal misappropriation. Consequently, the High Court found no manifest illegality or irregularity in the dismissal of the application. Tagline The registration of an FIR through the Justice of Peace is not a matter of course; where the record indicates a contractual dispute and fails to establish a cognizable offence or territorial jurisdiction, an application under Section 22-A & 22-B Cr.P.C. is liable to be dismissed. ORDER; MUHAMMAD ASIF, J. Through the instant petition, the petitioner has impugned the Order dated 07.01.2025 ("Impugned Order") passed by the learned Additional…