Law: Criminal Procedure Code (V of 1898)

Section: 22-A, 491, 561-A

Criminal Procedure Code (V of 1898) Ss. 22-A, 491 & 561-A---Inherent powers of High Court under S. 561-A , Cr.P.C.---Habeas corpus---Scope---Powers of Ex-officio Justice of Peace---Order passed by Ex-officio Justice of Peace, directed the concerned SHO to treat the said application as a formal complaint and if cognizable offence was made out during the inquiry, register the FIR in accordance with law---Validity---Apparently, there was convoluted dispute between all the respective parties pertaining to the marriage between the son of the applicant No.1 and the daughter of respondent No. 5---It was apparent that even the applicant No.1 preferred an application under S.491 Cr.P.C for the recovery of his son, who he claimed was missing and was in the custody of respondent No. 5---Further, applicant had also filed an application under Ss.22-A & 22-B, Cr.P.C.---Sister of respondent No. 5 also lodged FIR against the present applicants and his allegedly missing son---As per record, the Ex-officio Justice of Peace had exceeded the scope of jurisdiction under S.491, Cr.P.C.---Scope of S.491 Cr.P.C. was limited solely to the recovery of a person from illegal or improper detention, which was evident from the plain reading of the provision itself---Evident that the directions passed by the Ex-officio Justice of Peace were beyond the scope of the powers available and exercisable even by the High Court---Consequently, Application was allowed by setting aside the impugned order.        Ali Ahmed v. Muhammad Yakoob Almani, Deputy Superintendent of Police, Qasimabad, Hyderabad and 5 others PLD 1999 Karachi 134 and Younas Abbas and others v. Additional Sessions Judge, Chakwal and others PLD 2016 SC 581 rel.               Date of hearing: 10th July, 2025.                                                                                                …