Law: Criminal Procedure Code (V of 1898)

Section: 22A,561A

Criminal Procedure Code (V of 1898)--- ----Ss.22-A & 561-A---Quashing of order--Application for---Grievance of applicant who was S.H.O., was that he intercepted accused and recovered cocaine of 120 grams from him and accused was challaned; that subsequently on application of brother of accused Justice of Peace without verifying the facts directed Incharge Police Station concerned to record statement of brother of accused and if cognizable offence was made out against applicant, case be registered against applicant---Such order had been challenged by the applicant---Provisions of S.22-A, Cr.P.C. had been misused in a number of cases---Wisdom of legislature was not that any person who in discharge of duty takes action against accused would be subjected to harassment by invoking provisions of S.22-A, Cr.P.C.-Court in mechanical manner should not allow application under S.22-A, Cr.P.C.; but should have applied its mind as to whether the applicant had approached the court with clean hands or it was tainted with malice---Unless such practice was discouraged. it would have far-reaching effect on the Public Officials who in discharging of duties take actions against them---Law had to be interpreted in a manner that its protection extends to every one---Order of Justice of Peace was passed in the present case in mechanical manner and approaching of complainant to the Justice of Peace reflected that it was tainted with malice--It would be open to the complainant to file direct complaint against applicant if so directed---Impugned order was set aside, in circumstances. THIS ORDER PASSED BY: AMIR HANI MUSLIM, JUSTICE:---.--- The grievance of the applicant is that he has intercepted R' Rafique Ahmed and recovered cocaine of 120 grams and he was challaned. Subsequent thereto the accused brother namely Bashir Ahmed has approached Sessions Court with an application under section 22-A, Cr.P.C. seeking registration of the case against the applicant inter alia on the ground that his brother Rafique Ahmed has been kidnapped and the Court without verifying the facts has ordered that the S.H.O. concerned would record statement of Bashir Ahmed and if cognizable offence is made…

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