Case Details

Citation(s)
2009 SLG 3400 2009 SLD 3400 2009 PCRLJ 724
Lahore High Court
Writ Petition No.1988 of 2009, decided on 17th February, 2009.
Before Zubda-tul-Hussain, J
Aman Ullah Khan for Petitioner. Nazir Ahmed Chaudhry for
Respondents.

IJAZ----Petitioner

VS

ADDITIONAL SESSIONS JUDGE and others----Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 22-A

Law: Penal Code (XLV of 1860)

Section: 365

Law: Police Order (22 of 2002)

Section: 18(6),35

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Penal Code (XLV of 1860), S.365---Police Order (22 of 2002), Arts.18(6) & 35---Constitution of Pakistan (1973), Art.199---Constitutional petition---Application for registration of criminal case---Jurisdiction of Justice of Peace---Scope---When an application was submitted to the Ex-Officio Justice of Peace under S.22-A, Cr.P.C. for direction against the non-registration of a case by the police, he was not supposed to enter into any deeper controversy nor to embark upon any inquiry for the determination of the veracity of the representation placed before him---Only jurisdiction which could be exercised by him in that behalf, was to examine whether the information disclosed by the applicant did or did not constitute cognizable offence. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Police Order (22 of 2002), Arts.18(6) & 35---Constitution of Pakistan (1973), Art.199---Constitutional petition---Application for registration of criminal case to Justice of Peace---Contention that the alleged offence having been committed during the course of investigation of a case already registered with the police, the excess of the police officials, if any, was to be remedied under Art.18(6) or Art.35 of the Police Order, 2002 was repelled as the alleged offence constituted an independent criminal cause for registration of case---Principles. ORDER ZUBDA-TUL-HUSSAIN, J.--- A case under section 365, P.P.C. was registered at Police Station Barana, Tehsil Chiniot, District Jhang at the instance of father of respondent No.4 against the petitioner and others vide F.I.R. No.203 of 2008, dated 14-7-2008, the allegation being for the abduction of respondent No.4. During the course of investigation the alleged abductee was recovered by the local police from Dera Ismail Khan where respondent No.4 had appeared before the police in Police Station Perva District Dera Ismail Khan, whereafter the police of District Jhang having been contacted, the respondent No.4, was brought to the relevant Police Station for the purpose ofโ€ฆ
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