Law: Criminal Procedure Code (V of 1898)

Section: 22-A & 22-B

Summary The petitioner challenged an order directing the registration of an FIR under Section 22-A & 22-B Cr.P.C., arguing that he had already faced proceedings under the Illegal Dispossession Act, 2005, and that a fresh FIR would violate the principles of double jeopardy and Article 13 of the Constitution. The Islamabad High Court dismissed the writ petition, holding that proceedings under the Illegal Dispossession Act do not bar the registration of an FIR for cognizable offences under the Pakistan Penal Code (PPC). The Court found that the complaint disclosed cognizable offences and upheld the Justice of Peace's direction to the police to proceed in accordance with law. Legal Core Points Double Jeopardy Not Applicable: Proceedings under the Illegal Dispossession Act, 2005 do not prevent registration of an FIR under the PPC. The plea was held premature and misconceived because no second trial had yet commenced. Scope of Section 22-A & 22-B Cr.P.C.: The Ex-Officio Justice of Peace exercises quasi-judicial powers and must independently assess whether the complaint discloses a cognizable offence. Police Duty: Where a complaint prima facie discloses a cognizable offence, the police are obligated to register the FIR and conduct an investigation under Sections 154 and 156 Cr.P.C. Police Report Criticized: The Court held that the police improperly focused on the parties' civil dispute over ownership instead of investigating the allegations of criminal trespass, intimidation, and dispossession. Precedent Relied Upon: PLD 2016 SC 581 (Younas Abbas v. Additional Sessions Judge)—Justice of Peace must apply judicial mind while deciding applications under Section 22-A & 22-B Cr.P.C. Final Outcome: Writ petition dismissed; impugned order upheld; police directed to proceed in accordance with law.           JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J: The instant writ petition is arising out of order dated 14.02.2020, passed by the learned Addl. Sessions Judge-IV/Ex-Officio Justice of Peace, Islamabad (East), whereby application under section 22-A&B Cr.P.C, filed by the respondent No.4 for the registration of FIR against…