Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 4(p), 22-A(6)(iii), 154 & 551---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Powers of Sessions Judge/Ex-Officio Justice of the Peace to order registration of case against Police Officer for his negligence---Respondent had filed application before Sessions Judge alleging that S.H.O. was not performing his legal obligations in registering F.I.Rs relating to commission of cognizable offences--­Sessions Judge finding that it was mandatory duty of the S.H.O. to record F.I.Rs, directed that F.I.R. as required by respondent be duly registered and further required the T.P.O. concerned to register a case against S.H.O. for negligence in complying with requirements of S. 154, Cr.P.C.---Petitioner. (S.H.O.) had challenged such order alleging that Sessions Judge had no jurisdiction to make said order ---Validity--­Contention of petitioner was untenable in view of special provisions of S.22-A(6)(iii), Cr.P.C. which had explicitly provided that Sessions Judge acting as ex-officio Justice of the Peace could always issue appropriate direction to Police Authorities on a complaint regarding non-registration of a criminal case or negligence or failure by a Police Authority in relation to its functions---T.P.O. being a supervisory officer and superior in rank to petitioner S.H.O., could exercise powers to register case against the petitioner S.H.O. (b) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Police Order (22 of 2002), Art.35---Jurisdiction of Zila Nazim and Sessions Judge---S.H.O. against whom criminal case was directed to be registered for his negligence by Justice of the Peace/Sessions Judge, had contended that responsibility to deal with complaints of negligence of police officers were required to be entertained by Zila Nazim under Art. 35 of Police Order, 2002 and not by Sessions Judge---Contention was repelled as there was nothing to suggest any inconsistency between Art. 35 of Police Order, 2002 or S.22-A, Cr.P.C. and prima facie both Nazim and Justice, of the Peace/Sessions Judge had concurrent powers in terms of specific statutory provisions under which they had been respectively…

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